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NEW HAVEN

DEPARTMENT OF POLICE SERVICE


One Union Avenue • New Haven • Connecticut •
06519

Frank Limon John DeStefano Jr


Chief of Police Mayor

To: Captain D. Blanchard


From: Sergeant J. Wolcheski
Date: February 7, 2011
RE: IA Case: 149-10-I

INTERNAL AFFAIRS CASE #149-10-I

SYNOPSIS

On October 2, 2010, New Haven Police officers accompanied State of Connecticut Liquor
Control employees to various establishments within the City of New Haven to verify
compliance with State of Connecticut Liquor Laws. The compliance check detail assembled
at about 9:00p.m., and compliance checks began in East Shore shortly thereafter.

One such compliance check was at 215 Crown Street, Elevate Lounge. This establishment
was entered at about 12:45 a.m., by New Haven Police, State of Connecticut Liquor Control
Agents, City of New Haven Fire Marshall, New Haven Health Department, and New Haven
Building Inspector / Zoning.

During the compliance checks, several patrons were arrested for various violations, including
but not limited to: Disorderly Conduct, Inciting to Riot, Interfering with an Officer, and
Assault on an Officer. These arrests and incidents were documented in official police reports
and are on file with the City of New Haven Police Department Records Division. These case
numbers are: 10-61744, 10-61746, 10-61752, 10-61754, and 10-61762.

Several other violations were discovered and were documented by other agencies, including
exceeding the posted occupancy limits and minors within the bar area.

SUMMARY

Between the months of July and September 2010, a series of violent events occurred in the
Downtown District of New Haven at or about closing time of the bars. The events included
the following: an officer involved shooting; reports of gunshots; a female supervisor
receiving a broken nose while trying to separate a fight; and regular large fights. These
events prompted the City of New Haven Police Department in cooperation with other City
Agencies to establish “Operation Night Life.” The operations plan for “Operation Nightlife”
included enhanced police deployment of the following: Expanded foot patrol; mobile units;
bicycle units; canine units; motorcycle units and 2-two person units from SWAT. Also
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included were, The State of Connecticut Liquor Control Agents, Health Department
Inspectors, Fire Marshall Inspectors, and other agencies.

As defined, a SWAT (special weapons and tactics) team is an elite paramilitary tactical
unit in American law enforcement departments. They are trained to perform high-risk
operations that fall outside of the abilities of regular officers. Their duties include
performing hostage rescues and counter-terrorism operations, serving high risk arrest and
search warrants, subduing barricaded suspects and engaging heavily-armed criminals.
SWAT typically has parties sit or lay on the floor as they enter and clear a room.
As listed in the Operations Plan, each SWAT member would be clad in blue BDUs with
SWAT patches. The SUV being operated by the SWAT teams would be equipped with two
M-4 rifles and ammunition, the officer’s personal SWAT kit (ballistic helmet – not worn,
tactical vest, drop leg holster, gas mask and pouch) Tasers (if issued) one crowd control kit
containing smoke, chemical munitions and one Mark-46 OC fire extinguisher.
Within the Operations Plan each unit’s responsibility was listed and reviewed by New Haven
Chief of Police Frank Limon and Assistant Chief Ariel Melendez. Prior to being appointed
as Assistant Chief, Assistant Chief Melendez was an active member of the New Haven
Police SWAT Team for many years and is aware of their training, tactics and impact of
their presence. Upon approval, “Operation Nightlife” was authorized for implementation and
was activated on September 23, 2010.
On October 2, 2010, Captain Denise Blanchard the Officer In Charge of the Internal Affairs
Unit of the New Haven Police Department received a call from Chief Limon. During the
conversation Chief Limon informed her of a call he received from Mayor John DeStefano
concerning a large number of complaints from Yale University students regarding their
treatment by New Haven Police during a compliance check as well as the use of the SWAT
TEAM during a liquor compliance check at the Elevate Lounge on October 1, 2010. Elevate
Lounge was the site for a Yale University undergraduate party. Chief Limon ordered the
start of an Internal Affairs Investigation into this matter.
Captain Blanchard contacted the Dean of Student Affairs, Dean Gentry and Acting Yale
Police Chief Ronnell Higgins. A meeting was scheduled for Monday October 4, 2010 for
Captain Blanchard and Dean Gentry. Dean Gentry and Captain Blanchard worked together
in scheduling interviews for the students with complaints or concerns regarding their
treatment by the police during the compliance check at Elevate Lounge. At the request of
Yale University, the interviews which were initially scheduled for the week of October 4,
2010 were rescheduled to begin approximately 1 week later. Yale University provided space
where the interviews could be conducted. The space provided convenience for the students
to meet with the investigators. Present during the interviews was Attorney Patrick Noonan,
an attorney representing the students. Detectives Caminer Lavache and Charlette Barham
assisted in the interview process.

I was assigned this investigation on October 5, 2010. Thirty-seven civilians filed complaints
with the New Haven Police Department Internal Affairs Unit. Of the thirty-seven
complaints, the following eleven complainants refused to cooperate with the investigation:
Ms. Maria Arjona-Soberon, Ms. Juliana Biondo, Mr. Simon Chaffetz, Ms. Rachel Fabi, Mr.
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William Gangware, Ms. Danielle Guillen, Mr. Bassel Habab, Ms. Justine Kolata, Ms. Preetha
Nandi, Ms. Brenna Neghaiwi, and Mr. Lincoln Sedlacek. Based on their lack of cooperation,
their complaints of verbal abuse, excessive force, detention, and other (cell phone usage)
were closed as non-pursued. Additionally, Ms. Jessica Shor was not present for the
incident. This was closed as a non-complaint. Eighteen complainants were represented by
Attorney Patrick Noonan. He was retained by Yale University to represent the students if
they wished an attorney to be present. He did not allow questions regarding consumption of
alcohol or illegal substances, and advised his clients not to provide taped statements
regarding their involvement in the compliance check. Seven students provided taped
statements without an attorney present.

WITNESS STATEMENTS

Mr. Lee Kennedy-Shaffer


On October 12, 2010, I met with Mr. Lee Kennedy-Shaffer in room 106, the Seminar Room,
of Morse College at about 9:15 a.m. Mr. Kennedy-Shaffer was accompanied by Attorney
Patrick Noonan, who was hired by Yale University to represent the students involved as
witnesses. Detective Caminer Lavache was also present to assist in the interview process.

Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

Mr. Kennedy-Shaffer was one of the organizers of the event, and estimated 400-450 patrons
throughout the night. The party was planned for about 350 guests.

At about 12:50 a.m., Mr. Kennedy-Shaffer was close to the double doors, directly across the
dance floor from the main bar area when the police officers entered the establishment. He
said the party was fairly crowded, and dimly lit. He became aware of the police presence
when the lights within the establishment were raised and the music was turned down. At
that point, Mr. Kennedy-Shaffer said two police officers, clad in SWAT clothing
announced,” everybody sit on the floor and get your IDs out.” Several officers were present
at this time, including 5-6 males wearing white shirts, and 3-4 people wearing “Liquor
Control” jackets.

After about 10 minutes of no activity, a black male officer, in SWAT attire announced “put
your fucking phones away.” During the time officers were checking identification, one of
the black male officers in SWAT attire said “where is your ID? You go to Yale and you
don’t have a fucking ID?” This male officer was described as wearing a “doo-rag” and being
about 6’02” tall. The officer in the white shirt checking identification was described as being
a white male, about 6’00” tall.

Three attendees were brought to a third location, separate from the patrons without
identification, and those with identification. These three people were Mr. Zachary Fuhrer,
Mr. Andrew Rathaus, and Mr. Jordan Jefferson. Mr. Kennedy-Shaffer said he did not see

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where Mr. Jefferson and Mr. Fuhrer went, but saw Mr. Rathaus being taken away by officers.
Mr. Rathaus had his hands in the air, about shoulder height, in a non-aggressive manner.

As Mr. Kennedy-Shaffer was walking through the line on his way to the exit, he overheard
the same SWAT officer ask several female basketball players “what the fuck are you crying
about.” Also on the way to the door, a female attendee asked the SWAT officer for his badge
number or a means of identifying him, and he replied to her “no, and there is nothing you can
fucking do about it”. Mr. Kennedy-Shaffer said nothing was specifically addressed to him
during the incident.

Ms. Alyssa Hasbrouck


On October 12, 2010, I met with Ms. Alyssa Hasbrouck in room 106, the Seminar Room, of
Morse College at about 9:45 a.m. Ms. Hasbrouck was accompanied by Attorney Patrick
Noonan, who was hired by Yale University to represent the students involved as witnesses.
Detective Caminer Lavache was also present to assist in the interview process.

Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

She was in the main dance floor area, when at about 12:50 a.m., the lights in the club came
on and the music stopped. About 5 Liquor Commission agents, five officers in blue
uniforms, one officer in a white shirt, and two officers in SWAT attire entered the bar area.
One of the SWAT members was wearing a “doo rag” style cover on his head.

Someone announced in a loud voice “sit the fuck down, shut the fuck up!” Ms. Hasbrouck
complied with the demands, including being directly told to stay off cellular telephones.
During the course of investigation, several people were pulled out of the group and brought
to the side area, near the glass dividers. Ms. Hasbrouck believed this was for cellular
telephone usage.

While waiting for further instructions, Ms. Hasbrouck heard a sound, described as a
“ratcheting” noise come from behind her. As she turned around, she saw 4-5 officers beating
and punching someone. She also saw an officer with something black and square in their
hand. Ms. Hasbrouck said she was familiar with Tasers, and knew this item to be a Taser.
The subject being subdued by the officers, was eventually handcuffed, but was still being
struck by the officers, even after the handcuffs were applied. After this incident, an officer in
a white shirt yelled “Who’s next? Anybody else?” Ms. Hasbrouck did not see anything
leading up to the “ratcheting” sound, and was not sure why the officers were drawn to that
particular subject.

Ms. Hasbrouck said she was separated from the group as she made her way through the line
toward the College Street exit because she did not have identification with her. A white
female Liquor Commission Agent asked about her identification. She told the agent she
forgot it, and the agent let her walk out without asking her name or date of birth.

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Mr. Ethan Carlson
On October 12, 2010, I met with Mr. Ethan Carlson in room 106, the Seminar Room, of
Morse College at about 10:15 a.m. Mr. Ethan Carlson was accompanied by Attorney Patrick
Noonan, who was hired by Yale University to represent the students involved as witnesses.
Detective Caminer Lavache was also present to assist in the interview process. Mr. Carlson
did not file a Civilian Complaint Form with the New Haven Police Department, but
scheduled an interview with Internal Affairs through Attorney P. Noonan.

Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

Mr. Carlson said at about 12:50 a.m., the lights in the bar came on and the music stopped.
He then heard a loud male voice yelling “Get the fuck down” and “shut the fuck up.” Mr.
Carlson noticed two officers dressed in SWAT style clothing, one was about 6’02” tall and
wearing a “doo rag”. He estimated a total of 15 officers entered the bar, including the
Assistant Police Chief and another white male in a white shirt. He described the verbal
communications as loud so they could be heard.

Mr. Carlson said he saw several students taking photos with their cellular telephones. During
the course of the incident, he asked several officers what was going on. Some officers
ignored his questions, while others told him it was a liquor check. He also saw several
people brought to a different area, including a male known as “Alfredo” and a second person
he knew to be Mr. Jordan Jefferson.

During this portion of the investigation, several students were intoxicated, and were being
less respectful. Mr. Carlson said he felt comfortable up to this point, but became concerned
as officers began to use intimidation tactics against the students. This included yelling at
students for talking to each other or on their cellular telephones. One of the SWAT officers
saying “Did I tell you you could talk to anyone?” Mr. Carlson said he heard the same SWAT
officer tell Mr. Jordan Jefferson “Do you want me to fucking Tase you?” Mr. Carlson could
not see the entire incident, as he was partially shielded by Mr. Jefferson’s body and could not
see what was happening.

Mr. Carlson said he saw a yellow and black Taser in the hand of the SWAT officers. Mr.
Jefferson was tased and four officers beat him while he was lying on the floor.

Ms. Jaya Wen


On October 12, 2010, I met with Ms. Jaya Wen in room 106, the Seminar Room, of Morse
College at about 11:15 a.m. Ms. Wen was accompanied by Attorney Patrick Noonan, who
was hired by Yale University to represent the students involved as witnesses. Detective
Caminer Lavache was also present to assist in the interview process.
Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their

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consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

At about 12:45 a.m.3-4 officers, 3-4 Liquor Commission Agents, and 2 SWAT officers
entered the bar and proceeded into the main area. About 15-20 minutes later, the Police
Chief and Assistant Chief entered. They were both wearing white shirts.

Ms. Wen said she did see a black male SWAT officer, about 6’00” 300lbs. strike Mr. Ben
Schenkel in the upper body as Mr. Schenkel tried to exit the club. The SWAT officer had an
earpiece on his head and had his weapon slung across his back.

Ms. Wen saw a second incident with Mr. Andrew Rathaus. An officer told Mr. Rathaus
“You need to put your fucking cell phone away.” Mr. Rathaus was standing with his hands
up, about shoulder height. He was pushed forcefully against a glass wall, but the wall did not
break. Mr. Rathaus was eventually brought outside.

Ms. Wen said she was collecting tickets and was not in the main portion of the bar. She
could not see what was happening, but could hear some things. Ms. Wen said she had asked
the manager, Al, if she could see the security videos, but was told they needed to be reviewed
to see if there was anything captured.

Ms. Lucy Topaloff


On October 12, 2010, I met with Ms. Lucy Topaloff in room 106, the Seminar Room, of
Morse College at about 12:45 p.m. Ms. Topaloff was accompanied by Attorney Patrick
Noonan, who was hired by Yale University to represent the students involved as witnesses.
Detective Caminer Lavache was also present to assist in the interview process.

Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

Fifteen minutes after she arrived at Elevate, the lights came on and the music was turned off.
Ms. Topaloff was standing to the right of the main bar, behind the glass partition. Five or six
officers entered the bar, in addition to several Liquor Control Agents and a black male
wearing a black outfit and carrying a long gun. An officer in a yellow vest yelled “shut up
and sit down!” Ms. Topaloff said she asked what was happening and was told “shut up and
stop being smart.”

Officers appeared to be walking around and taking cellular telephones from people. Ms.
Topaloff said she saw Mr. Zachary Fuhrer being arrested, but could not hear what was being
said. She also saw an officer grab another person, but the officer did not assault anyone.

As she exited Elevate Lounge, and entered Alchemy, she was yelled at by a white female
officer with blond hair. This female officer was yelling to “move the fuck out!” The patrons

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were lined up and filed out in a single column onto Crown Street. A white male officer in a
yellow traffic vest told her she would be arrested if she asked another question.

Ms. Topaloff said she did not expect this type of treatment at an “elite university” and
expected press and media coverage of the incident.

Mr. Justin Lowenthal


On October 13, 2010, I met with Mr. Justin Lowenthal in room 106, the Seminar Room, of
Morse College at about 9:00 a.m. Mr. Lowenthal was accompanied by Attorney Patrick
Noonan, who was hired by Yale University to represent the students involved as witnesses.
Detective Caminer Lavache and Ms. Shannon Noonan, an assistant for Attorney Noonan
were also present to assist in the interview process.

Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

At about 12:50 a.m., New Haven Police officers entered the Alchemy bar area, where Mr.
Lowenthal was located. At no time was Mr. Lowenthal in Elevate Lounge while New Haven
Police were inside the establishment. Mr. Lowenthal was standing near the bottom of the
stairs leading to Elevate. Officers announced “sit down, shut the fuck up, & get your ID!”
While using his cellular telephone to communicate with freshman students he is an advisor
for, Assistant Chief Melendez told him “put your fucking phone away or you will be taken
in.” While waiting for further instruction, Mr. Lowenthal observed a white male police
officer; about 5’10” to 6’00” tall with a yellow traffic vest grab a male and lead him to a
SWAT officer and state “he needs to see your gun.”

During the course of events, Mr. Lowenthal asked an officer in a white shirt (either Chief
Limon or AC Melendez) for his name and badge number, but the officer refused to provide
it. Mr. Lowenthal said he knew Yale Police department was notified, and was assured the
New Haven Police would be notified of the party. He added he did “due diligence” to notify
all parties regarding the event.

Ms. Julia Mattison


On October 13, 2010, I met with Ms. Julia Mattison in room 106, the Seminar Room, of
Morse College at about 9:50 a.m. Ms. Mattison was accompanied by Attorney Patrick
Noonan, who was hired by Yale University to represent the students involved as witnesses.
Detective Caminer Lavache and Ms. Shannon Noonan, an assistant for Attorney Noonan
were also present to assist in the interview process.

Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

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Ms. Mattison said she had heard about the event by word of mouth. She was aware of the
officer’s presence as she and her date were walking down the stairs. She was told by the first
officer she encountered to go back upstairs, which she did. At the top of the stairs, she saw
Mr. Ben Schenkel, which she had become familiar with through different school activities.
Ms. Mattison said she heard Ben ask a SWAT officer if that was an exit. The SWAT officer
told Ben to go back inside, at which time Ben repeated “Is that the exit?” She believed the
officer then struck Ben in the upper body because Ben held his jaw and said “Why did you
do that?” The SWAT officer then struck him again, which was seen by Ms. Mattison. This
SWAT officer did not have any type of cover on his head.

As Ms. Mattison and her date walked back toward the club / bar area, she remembered
passing Ms. Jaya Wen at the ticket / coat check area, but did not remember seeing any bar
employees with Ms. Wen. As she entered the bar area, the lights were on, and the music was
turned off. Several officers were giving commands to “shut up, stop talking” and “take a
seat.”

While seated in the bar area, Ms. Mattison witnessed a black female officer wearing a traffic
vest tell a male student on three separate occasions to put away his cellular telephone. After
the third time, the unidentified female officer said “if you are going to act like a child, you
are going to be treated like one” and snatched the phone from the male student and walked
away. During this time, several commands were given by a male officer “don’t fucking take
out your phone!” Several students began singing Journey songs and songs from Mulan at
this time and were told to keep quiet. Eventually students were asked for their identification;
those without one were separated from the group and brought to a different area.

At about 1:30 a.m., students were told to form a single file line. Ms. Mattison had her
identification checked several times, and was eventually moved to the front of the line. As
she followed the line toward the door, she saw a male lying on the floor near the coat check.
This male had his tie loosened, his shirt ripped open and was not handcuffed. When asked,
the male told Ms. Mattison he had his cell phone ripped from his hand and punched by an
officer.

While in line to exit the club, Ms. Mattison saw an unidentified black male wearing a black
or dark gray sweater and black pants walk toward another male using a cellular telephone
and say “Do what you’re told, follow directions. This male appeared to be with the police
officers, but had no identifying marks on his clothes and did not have a badge visible. This
male was described as looking like a student, dark complected, and not having glasses.

Ms. Mattison left the bar without further incident. She added there was a lack of
communication throughout the investigation.

Mr. Alexander Beltes


On October 13, 2010, I met with Mr. Alexander Beltes in room 106, the Seminar Room, of
Morse College at about 10:30 a.m. Mr. Beltes was accompanied by Attorney Patrick

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Noonan, who was hired by Yale University to represent the students involved as witnesses.
Detective Caminer Lavache and Ms. Shannon Noonan, an assistant for Attorney Noonan
were also present to assist in the interview process.

Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

Mr. Beltes said he saw Jordan Jefferson separated from the group, standing near a bar
adjacent to the dance floor. Other people were standing in close proximity to Jordan. He
only recognized Jordan in that group. As the line walked past that particular bar, Mr. Beltes
acknowledged Jordan with “Hey Jordan, how’s it going?” Jordan replied “What can one
do?” A white male officer wearing a white shirt and hat, standing about 5’10” tall told
Jordan to “Shut the fuck up!” Jordan then replied I know Alex from Italy, and I just wanted
to talk to him.” The officer said “shut up or I am going to arrest you.” Jordan responded “So
put handcuffs on me then.”

The officer approached Jordan and told him to stand up. The officer took out his handcuffs
and told Jordan to put his hands behind his back. As the officer went to put the handcuffs on
Jordan, Jordan stepped forward slightly. The same officer took out his Taser, put it against
Jordan’s back, and said “Do you want me to fucking tase you?” Jordan stepped forward
again. The officer then tased Jordan. Two officers grabbed Jordan. Jordan then ran toward
the dance floor before 4-5 officers brought him to the ground. Jordan was then struggling
and resisting them. The same officer which had tased Jordan earlier, tased him twice more on
the dance floor.

Alex was about 20 feet away from the struggle on the dance floor, and was able to clearly see
an officer punch Jordan in his side. Officers stopped hitting Jordan when the handcuffs were
applied to him. Marty Evans and Bianca Rolan were standing with Mr. Beltes and may have
observed this action. Two officers then escorted Jordan from the scene.

A black male SWAT officer with a “doo rag” yelled “anybody else?” Another white male
officer yelled ”who’s next?” This officer was wearing a yellow traffic vest.

Mr. Ricardo Hernandez


On October 13, 2010, I met with Mr. Ricardo Hernandez in room 106, the Seminar Room, of
Morse College at about 12:45 p.m. Mr. Hernandez was accompanied by Attorney Patrick
Noonan, who was hired by Yale University to represent the students involved as witnesses.
Detective Caminer Lavache and Ms. Shannon Noonan, an assistant for Attorney Noonan
were also present to assist in the interview process.

Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

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Mr. Hernandez said he was invited by a friend to the event. He was unsure of what time the
police entered the club, but was near the dance floor when the lights came on and the music
stopped. Mr. Hernandez estimated the crowd to be in excess of 100 people in Elevate
Lounge. He heard someone yelling “Get the fuck Down!” and assumed someone had been
injured.

Mr. Hernandez said he saw SWAT officers enter the bar area and secure the area. At least 6
Liquor Commission Agents entered and demanded everyone to take out their identification.
Those without identification were separated and brought to a different area.

About 20 minutes later, the patrons were lined up and began to be filed out of the bar. At
some point, someone mentioned a breathalyzer test, but no such test was given. As Mr.
Hernandez moved toward the doors, he saw the crowd separate, and saw a light believed to
be from a Taser. He did not see the initial incident, and was told to keep in line and stay
quiet.

Mr. Hernandez said he saw about 6 officers on top of a male on the dance floor, and an
officer was yelling “show me your hands.” The student under the officers was being hit by
the officers and was eventually handcuffed. He described the scene and actions as “really
awful.” Mr. Hernandez did not see any strikes by the officers after the handcuffs were
applied. The student was then escorted from the club by police officers, with jewelry left on
the floor.

There were no further incidents as he walked out of the club. Mr. Hernandez added he was
told to put his shirt on while he was inside the bar area. An officer addressed this with him,
citing a health hazard. He described this officer as white, husky, about 5’08” with a round
face.

Ms. Tara Tyrell


On October 13, 2010, I met with Ms. Tara Tyrell in room 106, the Seminar Room, of Morse
College at about 1:15 p.m. Ms. Tyrell was accompanied by Attorney Patrick Noonan, who
was hired by Yale University to represent the students involved as witnesses. Detective
Caminer Lavache and Ms. Shannon Noonan, an assistant for Attorney Noonan were also
present to assist in the interview process.

Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

At about 12:45 a.m., Ms. Tyrell was leaving the event and was walking down the stairs when
officers entered and told her to go back upstairs. She passed four people as she walked back
into the bar. The music was turned off, the lights turned on, and a male announced “sit the
fuck down, take out your IDs, sit the fuck down on the floor!”

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While sitting, a white male officer, 40-50 years old with dark hair was asked by a female
patron if she could grab her identification. The male officer denied her, saying “not your
lucky day.” This female was eventually allowed to get her identification.

Another white male officer, in a blue uniform, about 6’02” tall said “put your fucking phones
away, if I see one, I’m gonna take it!” A female Liquor Commission Agent took a cellular
telephone from a patron, when that patron said “you can’t do that” the agent said “Do you
want me to sit you down and give you instructions like a 5 year old?” At this point, several
students began singing songs by Journey.

The students were eventually given verbal commands to “Form a single file fucking line.”
Ms. Tyrell said she was about 40 people from the front of the line and about 200 people
behind her. A female Liquor Commission Agent told Ms. Tyrell’s date, Mr. Geoff Barnes, to
get in line; he replied “yes sir” sarcastically. A white male officer, older, with graying hair
walked over and asked Mr. Barnes “do you want me to make an example out of you?” He
replied “no.”

As they exited the bar and made their way to College Street Mr. Barnes asked a female
officer if they needed to provide a name and badge number if asked, the female officer said
she wasn’t aware of that policy. Ms. Tyrell and her date then left.

Ms. Meng Liu


On October 13, 2010, I met with Ms. Meng Liu in room 106, the Seminar Room, of Morse
College at about 2:15 p.m. Ms. Liu was accompanied by Attorney Patrick Noonan, who was
hired by Yale University to represent the students involved as witnesses. Detective Charlette
Barham and Ms. Shannon Noonan, an assistant for Attorney Noonan were also present to
assist in the interview process.

Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

Ms. Liu said she had been made aware of the event by Facebook and word of mouth. At
about 12:45a.m. she was near the DJ booth and windows when the police entered. She said
the officers were telling people to “sit down, find a seat.” Ms. Liu said she followed
directions because they were big people with guns. Anyone asking questions were
threatened with arrest.

Ms. Liu said a black male officer in SWAT attire yelled “put your fucking phones away!” In
all, she estimated 10 officers to be inside the club. Ms. Liu said officers kept yelling “shut
the fuck up!’ and continued to use coarse language and intimidation tactics, including but not
limited to threats of arrest, and glaring looks.

After identifications were checked, those without were proper identification were separated
and brought to a different location. Eventually, officers gave commands to stand up and

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form a single file line. Ms. Liu was toward the rear of the line, and as she approached the
doors to Alchemy, she heard a rapid clicking sound behind her. She turned toward the sound
and saw a commotion and a student stumbling out of the group and onto the dance floor.
Three to four officers followed the student out of the crowd and were trying to handcuff and
detain him. She did not see what had happened prior to the rapid clicking sound.

Ms. Liu said the student was on the ground, convulsing, while an officer was yelling “get
him one more fucking time!” She also witnessed an officer hitting him with a baton. After
he was handcuffed, he was immediately brought from the area.

After the incident, officers continued to taunt the group, yelling “anybody else!?” and “that’s
what you get for fucking with us!” Students were yelled at to face forward and remain in
line. Ms. Liu said there was an extreme lack of communication throughout the incident.

Mr. Frederick “Marty” Evans


On October 13, 2010, I met with Mr. Frederick “Marty” Evans in room 106, the Seminar
Room, of Morse College at about 3:00 p.m. Mr. Evans was accompanied by Attorney
Patrick Noonan, who was hired by Yale University to represent the students involved as
witnesses. Detective Charlette Barham and Ms. Shannon Noonan, an assistant for Attorney
Noonan were also present to assist in the interview process.

Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

Mr. Evans said the police entered the club at about 12:49 a.m. Mr. Evans was near the
double doors that led to Alchemy. He was aware the police entered when the lights came on
and the music was stopped. The police announced for patrons to sit down. He estimated
between 10 and 12 officers, two of them being SWAT officers. A white male officer,
dressed in blue yelled “shut the fuck up and get your IDs out!” Someone raised their hand to
ask a question, this same officer said “this isn’t fucking class, put your hand down.”

There was a short, uneventful period, followed by a patron saying “I’m 21 in a bar, you can’t
keep me here.” An unknown officer took this patron to the bar area and sat him on the floor
with one hand remaining on the bar. Shortly after this incident, the intensity level dropped.
Eventually, people without identification were separated, while those with identification
remained in their respective locations.

An officer told the students to form a single file line; Mr. Evans joined the line toward the
rear half. As they walked toward the exit, a white male officer wearing a yellow traffic vest
told a patron “put your fucking shirt on, you don’t think I’m hot?” As the line proceeded,
Mr. Evans saw “Jordan” (Jefferson) sitting on the floor, near a bar, next to a male also sitting
down on the floor with one hand raised and resting on the bar.

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Mr. Evans heard a black male officer clad in SWAT attire say to Mr. Jefferson “why are you
talking to him?” He said Mr. Jefferson replied “he can talk to me if he wants to, I spent the
summer in Italy with him.” The black male officer in SWAT attire replied “that’s why
you’re going to jail.” A white male officer nearby repeated the comment.

The white male officer told Mr. Jefferson to stand up, and began to apply handcuffs to him.
After getting one handcuff on Mr. Jefferson’s wrist, it appeared to Mr. Evans that Jordan
stiffened his arms. The white male officer was unable to finish applying handcuffs because
of this, and he removed a yellow and black item. The officer pressed this item to the base of
Mr. Jefferson’s neck and said “I’ll knock you on your ass if you don’t…” Mr. Evans was
unable to hear the ending of the statement.

A tussle ensued, and it looked like the white officer was trying to handcuff him. An older,
light complected black male officer in SWAT attire began to assist the white male officer
handcuff Mr. Jefferson. As the tussle made its way to the dance floor, Mr. Jefferson fell to
the ground. More officers ran to assist, and Mr. Evans saw multiple Taser deployments in
the area of the dance floor. He also saw the initial white male officer punching Mr.
Jefferson. Mr. Evans said it appeared something was around Mr. Jefferson’s neck, as his
eyes became big and wide. He heard someone yell “get him again.”

The black male SWAT officer looked toward the line of patrons and yelled “look that way”
and points away from the officers and Mr. Jefferson. Mr. Evans heard an officer say “hit an
officer, that’s 9 months, your fucked.” Another officer yelled “Anyone else?!” and “who’s
next?!”

Officers eventually lead Mr. Jefferson away from the dance floor and out of view of the
general public. The black male SWAT officer walked toward the double doors leading to
Alchemy and said “get outta my way” to a few females standing near the door.

As the line begins to move, another patron “Bernie” was smiling. Mr. Evans said “Bernie”
has a smile on his face normally, and it grows as he becomes nervous. The black male in
SWAT attire walked toward “Bernie” and said “you think this is funny?” “Bernie” replied
“no.”

A younger looking black male officer in SWAT attire was separating the line in Alchemy to
speed the checking of identifications. The exit from the club was uneventful. Mr. Evans said
no verbal abuse or intimidation was directed toward him, but added better communication
could have made the incident smoother.

Ms. Naomi Grunditz


On October 13, 2010, I met with Ms. Naomi Grunditz in room 106, the Seminar Room, of
Morse College at about 3:45 p.m. Ms. Grunditz was accompanied by Attorney Patrick
Noonan, who was hired by Yale University to represent the students involved as witnesses.
Detective Charlette Barham and Ms. Shannon Noonan, an assistant for Attorney Noonan
were also present to assist in the interview process.

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Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

Ms. Grunditz said the police arrived at about 12:50 a.m., and was aware of their arrival
because the lights came on and there was a commotion. She then saw people beginning to sit
down. She saw a SWAT officer, and heard him yelling “sit down and take out your ID.” At
that point, Ms. Grunditz figured it was a raid.

An unknown officer yelled “put your fucking phones away.” As she looked around, Ms.
Grunditz saw a student meditating nearby. A short time later, the students were told to stand
up and form a single file line. She remained seated for a short time, and made her way to the
end of the line.

Ms. Grunditz saw Mr. Alfred Molinas standing in a corner with an employee from Alchemy.
She did not know why he was standing there, and did not know what happened to him
afterward.

While following the line of patrons toward the exit, Ms. Grunditz saw two people sitting near
a bar. She saw one male in line casually talking with one of the two males sitting near the
bar. A black male officer turned to the males and said “did I tell you you could fucking
talk?” The officer was very loud and aggressive. One of the males was told by an unknown
officer to “stand up, put your hands behind your back.” The student was not complying with
commands from the officer. The officer and student began jostling. There were about three
other officers in the immediate area, and began to assist the officer handcuffing. There was a
lot of swearing. Ms. Grunditz heard a Taser deployment, described as clicking. She also
heard an officer say “do you want me to tase you?”

The student was “dumped” on the dance floor by officers. She could not see anything, but
heard 3-4 more taser deployments. An unknown officer yelled “turn the fuck around, what
are you looking at?” A black male SWAT officer saw a student in line smiling. He walked
toward the student and said “do you think this is funny?” The student replied “no, no.” The
black male SWAT officer yelled “who’s next, who’s next?!”

Ms. Grunditz said she did not see active resistance or aggression by the student. I asked her
to define “active resistance”. Ms. Grunditz said the student was not fighting the officers, but
was not compliant with requests.

Ms. Grunditz walked toward the door, in line, without further incident. She left about 2:00
a.m.

Mr. Tully McLaughlin


On October 14, 2010, I met with Mr. Tully McLaughlin in room 106, the Seminar Room, of
Morse College at about 1:35 p.m. Mr. Evans was accompanied by Attorney Patrick Noonan,
who was hired by Yale University to represent the students involved as witnesses. Detective

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Caminer Lavache was also present in the interview process. Mr. McLaughlin asked why he
was there, and what the interview was in regards to. It should be noted; Attorney Noonan
said he did not have an opportunity to speak with Mr. McLaughlin prior to the interview.

Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

Mr. McLaughlin said at about 12:45 a.m., the music was stopped and the lights came on.
Everyone was told to sit down, take their ID’s out. He said officers were commanding and
respectful. although the officers did not state why they were there. Mr. McLaughlin said
there were about 15 officers and Liquor Commission Agents present, with 2 SWAT officers
being the most aggressive and intimidating.

One student eventually asked a white male officer, in a blue uniform; about 5’10” tall and
average build, why they were being detained. This officer responded “put your hand down,
this isn’t fucking class.” As identifications were being checked, any student without ID was
separated from the area. A female Liquor Commission Agent was taking random photos.
Although there did not seem to be supervision of the officers, the SWAT officers usually
addressed the students. Mr. McLaughlin said repeatedly during the interview there was a
lack of communication by police as to what they needed or wanted students to do.

Students without identification were led out of the club first, with others forming a single file
line. Mr. McLaughlin was toward the rear of the line as it wound toward the double doors
for Alchemy.

As the line progressed, Mr. McLaughlin found himself about 4-5 feet from two students
sitting down by a bar. Mr. McLaughlin said he had 1-2 people between himself and “Jordan”
(Jefferson). He could not hear what was being said, but saw a SWAT officer addressing Mr.
Jefferson.

An officer behind Mr. Jefferson said “we’re going to make this easier.” The officer grabbed
Mr. Jefferson by the shoulders and assisted him standing up. The officer then took out his
handcuffs. After one handcuff was placed on Mr. Jefferson’s wrist, Mr. McLaughlin saw
Jordan tighten up, and stiffen his shoulders. Mr. McLaughlin was facing Mr. Jefferson and
the officer trying to handcuff him. Mr. Jefferson blocked a full view of the officer with his
body. Mr. McLaughlin said Mr. Jefferson was the same size as the SWAT officer, but
physically larger than the officer with handcuffs.

Mr. McLaughlin said he saw the officer remove the Taser and press it somewhere on Mr.
Jefferson’s upper right back. The officer said something to Mr. Jefferson, but it was not
audible to Mr. McLaughlin.

It appeared to Mr. McLaughlin that Mr. Jefferson wanted to comply with the officer, but was
being forced toward the dance floor. Five to six other officers arrived to assist with Mr.

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Jefferson, and forced him to the ground. One officer was witnessed punching Mr. Jefferson.
Mr. McLaughlin said he “saw the officer punch Jordan once in the head, and once in the
chest.” He also said he heard the sound of a Taser four times. Mr. McLaughlin heard
officers yelling “gimme you’re fucking hands!” The officers stopped striking and fighting
with Mr. Jefferson after the handcuffs were applied. Mr. McLaughlin said he did not see a
police baton used, nor did he see anyone kick Mr. Jefferson.

As Mr. Jefferson was led from the dance floor, Mr. McLaughlin heard an officer say “that’s 9
months/years (unsure which), you’re fucked.” He identified this officer as the SWAT officer
standing near Jordan at the bar area earlier. He also heard the officer with the Taser yell
“Anybody else!?” Another officer told students “stop looking, face forward!”

Students filed out of the bar, Mr. McLaughlin had no further incidents to comment on. He
did add that students without identification were left behind in the bar as he exited. He also
asked Assistant Chief Melendez “Sir, may I ask a question?” AC Melendez replied “no.”
Mr. McLaughlin then left the club.

Ms. Minh Ngyuen


On October 14, 2010, I met with Ms. Minh Ngyuen in room 106, the Seminar Room, of
Morse College at about 3:00 p.m. Ms. Ngyuen was accompanied by Attorney Patrick
Noonan, who was hired by Yale University to represent the students involved as witnesses.
Detective Caminer Lavache was also present to assist in the interview process.

Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

Ms. Ngyuen said the time was approaching 1:00 a.m. when the lights came on and the music
stopped. She was standing on the dance floor. She heard someone yell “get on the fucking
floor” and “get your fucking IDs out and don’t ask any fucking questions!” These
announcements were made by a white male officer, tall and well built, wearing a yellow coat.

Ms. Ngyuen heard and witnessed a conversation between her friend, Ms. Eun-Bi Lee and an
unknown officer. The officer was looking at her friends’ identification when Ms. Lee said
“that’s me, I just don’t have my glasses on.” The officer replied “no shit.” The officer then
asked why her sticker said 2009. Ms. Lee responded “Yale stopped making those stickers.”
The officer replied “it’s fucking Yale, they can afford to make fucking stickers.”

Ms. Ngyuen was then given instructions to get in line. She was toward the front of the line,
as it made its way toward Alchemy. As the line began to move, she saw “Jordan” removed
and placed off to the side of the line. An officer kept telling people to put the phones away
and stop recording. She believed this was because officers knew what they were doing was
wrong. Ms. Ngyuen said she did not see anyone take cellular telephones from students. She
then walked out.

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As Ms. Ngyuen entered Alchemy and was proceeding toward the exit, a white male, wearing
all black with no identifying marking on the clothing told her to walk faster. About a week
later, Ms. Ngyuen met with Mr. Jefferson. He showed her 4 sets of taser marks, each
consisting of 2 equi-distant burns. She added a white female Liquor Commission Agent was
taking photos within the club.

Ms. Ngyuen said “Operation Night Life” was good, but not effective.” Officers should have
told the students why the actions were taken.

Mr. Robert Williams


On October 14, 2010, I met with Mr. Robert Williams in room 106, the Seminar Room, of
Morse College at about 3:35 p.m. Mr. Williams was accompanied by Attorney Patrick
Noonan, who was hired by Yale University to represent the students involved as witnesses.
Detective Caminer Lavache was also present in the interview process.

Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

At about 12:50 a.m., police officers arrived in the club. He was aware of their arrival
because the lights came on and the music stopped. Someone yelled “everybody down!” Mr.
Williams said he initially thought something happened outside, unaware there was a Liquor
Commission raid.

Mr. Williams then noticed two SWAT officers. These officers told students to sit down and
get their identification out. Mr. Williams estimated there to be 5-10 regular officers, 2
SWAT officers, and one officer in a white shirt. The officer in the white shirt appeared to be
directing things. He described the officer as 5’10” to 6’00” and wearing a hat.

Mr. Williams said officers told students to form a line and move toward the exit. He was in
the middle of the line. Mr. Williams did not see the “Taser” incident. He moved relatively
easily toward the exit and was outside the club at 1:50 a.m. He knew the time because he
immediately called his mother about the incident. Mr. Williams said communication could
have made the incident easier for all parties involved, and officers could have informed them
of the big fight down the street, and to walk the other way to avoid becoming involved.

Mr. Benjamin Mullet


On October 14, 2010, I met with Mr. Benjamin Mullet in room 106, the Seminar Room, of
Morse College at about 4:00 p.m. Mr. Mullet was accompanied by Attorney Patrick Noonan,
who was hired by Yale University to represent the students involved as witnesses. Detective
Caminer Lavache was also present in the interview process.

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Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

Mr. Mullet told me the police entered just before 1:00 a.m., and was made aware of this by
the lights being turned on and the music being stopped mid-song. He tried to walk back into
Elevate, but was stopped by police officers and told to go back downstairs to Alchemy.
When he walked back into Alchemy, he was told “sit the fuck down.” He could not identify
this officer.

Mr. Mullet was then given directions to take out identification. And officers would be doing
ID checks. He added several students asked police officers what was going on, with officers
responding either “can’t tell you” or “shut up.” People without identification were separated.

Mr. Mullet had his identification checked without incident, and left through the College
Street exit. He cited excessive vulgar language by police officers. A black male officer in a
blue uniform, husky build, about 5’10” grabbed a male later identified as a bar employee and
brought him to a SWAT officer and stated “you need to take this guy away, he needs a
machine gun in his face.” The bar employee was unknown to Mr. Mullet.

Mr. Nyabosamba Binagi


On October 15, 2010, I met with Mr. Nyabosamba Binagi in room 106, the Seminar Room,
of Morse College at about 2:30 p.m. Mr. Binagi was accompanied by Attorney Patrick
Noonan, who was hired by Yale University to represent the students involved as witnesses.
Detective Charlette Barham was also present in the interview process.

Attorney Noonan advised the students not to provide a taped statement on the basis of self-
incrimination. He did not want his clients to be asked on tape, any questions regarding their
consumption of alcoholic beverages or any illegal substances prior to or during this
incident. Based upon his advice, no taped statement was provided.

Mr. Binagi was aware of the police presence in Alchemy when he actually saw an officer.
He was told “sit down, be quiet, do not use your phones.” An occasional “fuck” was mixed
in, estimated to be used 50% of the time an officer spoke.

An unknown student, not complying with officers requests, was physically removed from the
area by an officer. Police then walked around and randomly checked identification. Students
were then asked to form a single file line, and were allowed to leave Alchemy after their
identification was checked again. He then proceeded to the Crown Street entrance of
Elevate, in an attempt to retrieve a coat.

During the course of the investigation, Mr. Binagi said some students did not comply with
the request to not use cellular telephones. Officers addressed those students specifically.

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Mr. Binagi said the officers seemed confrontational and aggressive, as if they expected
problems from the patrons. He also said he saw a white male, medium build, in a white shirt
in Alchemy. This officer did not do anything to draw attention to him.

Mr. Luke Belland


Mr. Luke Belland met with me on November 3, 2010, in the Internal Affairs Unit of the New
Haven Police Department to provide a voluntary taped statement. The Interview took place
in room 155, on the first floor.

Mr. Belland arrived at about 11:30 p.m. with a group of about 5 friends. He was in Alchemy,
the lower level, when Police Officers arrived. Mr. Belland did not hear any verbal abuse
from officers. He eventually made a connection with the recent violence downtown, and the
increased police presence, including a SWAT officer.

Mr. Belland remembered being told not to use his cell phone by police officers, but was
unsure who told him. This was the basis of filing his Civilian Complaint Form. He felt
unsure as to whether the police had a right to ban cell phone usage.

Mr. Belland said he had consumed several glasses of alcoholic beverages over the course of
the night.

Mr. Takomi Konari


Mr. Takomi Konari met with me on October 28, 2010, in the Internal Affairs Unit of the New
Haven Police Department to provide a voluntary taped statement. Also present in the
interview was Sergeant Nicholas Marcucio. The Interview took place in room 155, on the
first floor.

Mr. Konari said he arrived at Alchemy at about 10:30 p.m. with about 15 other people. He
said the event at Elevate Lounge was a widely publicized event, a tradition at Yale
University. The police entered the club at about 12:50 a.m. Mr. Konari was aware of the
police presence when the lights were raised and the volume of music lowered. The lighting
within the lounge was dim, but lit enough to move around safely. The officers then began to
shout for patrons to “Sit Down, Shut Up!” He estimated about 10-15 officers present during
the incident.

Mr. Konari was standing near the DJ booth when officers entered. He first saw a black male,
with an assault rifle pass within a few feet of him. Mr. Konari said he remembered seeing
the assault rifle and feeling threatened by its’ presence. He was unsure of when the vulgar,
offensive language began, but was pretty sure there was swearing by the officers present.
Mr. Konari estimated 170 patrons in Elevate at the time of officers arriving, and felt it took
2-3 minutes for officers to gain control of the Club.

As officers told patrons to put cellular telephones away, and get identification out, some
patrons were found to not be in possession of a proper identification card. Those without the
proper cards were brought to DJ booth area. Mr. Konari said he saw two people brought to
different areas, near the bar. One person, a male, had questioned some of the police action,

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and he was ordered by officers to do something. The male resisted, so officers forcibly
removed him from the area, escorting him by the arm. Mr. Konari described the officer as a
black male, possibly the same one which had the assault rifle. He was unable to see what
happened because his view was block by the DJ booth. Mr. Konari said he saw Liquor
Agents taking photographs randomly in Elevate.

Mr. Konari said officers instructed students to put their cellular telephones away. He said
this was not a question or request, but a directive. The identification checks went on for
about 45 minutes, at which point officers gave commands for students to line up to proceed
toward the exit. Mr. Konari said he was in the middle of the line, closer to the front. While
exiting the club, Mr. Konari did not witness any abusive force or language. He said it took
about 15 minutes to exit the club, with his identification being checked once more on the way
out.

Mr. Konari had mentioned “pre-gaming” as a general practice at college, although neither he,
nor his group did so. “Pre-gaming” is the practice of consuming alcohol prior to a social
function to get “a buzz”, either because the person is not old enough to consume alcohol
legally or to save money at the event.

Ms. Sophia Jia


Ms. Sophia Jia met with me in the Internal Affairs unit of the New Haven Police Department
on October 27, 2010 for the purpose of providing a voluntary taped statement. Also present
in the interview was Sergeant Nicholas Marcucio of the Internal Affairs Unit. The interview
took place in room 155 on the first floor.

Ms. Jia said she arrived at Elevate Lounge with a group of 10-12 people at about 10:30 p.m.
She said the event is widely publicized and has become a sort of tradition at Yale University.
As Ms. Jia and her date were leaving, close to 1:00 a.m., she was met by police officers in the
stairway leading to Crown Street.

Ms. Jia and her date, Mr. Bassel Habbab, were told to go back into the club by police
officers, so they did. Police officers gave commands to sit down, so she and her date took a
seat on a couch immediately to the left of the entrance. Initially, officers gave commands to
“sit down”. As they repeated themselves, the content of commands escalated to “sit the fuck
down!” Ms. Jia said it appeared the swearing and vulgarity increased as the officers became
frustrated about repeating themselves, using vulgar language to get patrons’ attention. She
estimated the crowd to be around 200 patrons upstairs.

Ms. Jia described the lighting as dim, but enough to safely move about. She also said there
was no doubt police officers were in the bar. Ms. Jia said there were at least six police
officers and at least 2 liquor agents. While waiting for instructions from officers, patrons
were told to “sit down and shut up”. When an officer saw a patron using a cellular telephone
to communicate by text messaging, the officer told the person to “put the phone away.”

Two patrons sitting in close proximity to Ms. Jia had their cellular telephones taken from
them by police officers. She could not describe the officer beyond being male and light

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skinned, not black or Asian. Ms. Jia did not see if the telephones were given back to the
patrons.

Each time a patron attempted to inquire about the incident, a police officer did not give an
answer, ignored them, or told them to “sit down and shut up.” During this time, police
officers and Liquor Agents were checking identification of patrons. Any person without
identification was escorted by an officer to retrieve their ID card. A female was also taking
photos at this time, possibly an officer, but Ms. Jia was not sure.

Ms. Jia said the procedure for leaving the club was to form a single file line. While walking
in line toward an exit, she heard a male patron begin to lead a “sing-along’. A police officer
asked this male to step out of line and follow him, which the male did voluntarily. The
officer led the male patron down the hallway to the Crown Street stairwell. The officer was
only described as a white male, a little taller than the others.

Ms. Jia told me she estimated about 90% of college students participate in “pre-gaming”, or
consuming alcoholic beverages prior to going to a social event or club because it’s either
cheaper or they won’t be able to acquire alcoholic drinks at the event.

Ms. Elena Hoffnagle


On October 26, 2010, Ms. Elena Hoffnagle met with me in the Internal Affairs Unit of the
New Haven Police Department to provide a voluntary taped statement. Also present was
Sergeant Nicholas Marcucio of the Internal Affairs Unit. The interview was held in room
155 on the first floor.

Ms. Hoffnagle said she arrived early, about 9:45 p.m. with her room mate, Ms. Michelle
Glienke. Ms. Glienke was one of the organizers of the event, which was advertised by E-
Mail and word of mouth. Ms. Hoffnagle said the event, Morse-Stiles Screw, is a tradition at
the university. When she planned to leave with her date, they began to walk down the stairs
toward Crown Street. She and her date were met by a team of officers, and were “kind of
pushed” back down the hallway toward the main dance room. The officers were using “very
profane language to kind of put us in our place.” The officers used “fucking” various times,
and kept referring to the patrons as “little children.”

“Basically everyone” that walked by a patron using a cellular telephone, told the patron to
put the cellular telephone away. Ms. Hoffnagle said she wasn’t completely sure, but believed
the officers did not initially use vulgar language. While seated, officers checked
identification cards in an unorganized manner, resulting in her being checked 3 times. Ms.
Hoffnagle said she did not see anyone without identification, and could not comment on the
procedure for dealing with that.

Ms. Hoffnagle did see an officer take a cellular telephone from one student. The officer was
described as a white male, in a blue uniform with a badge. She said the student said he was
trying to call his attorney to ask for advice, which prompted the officer to tell him to “fucking
put his phone away.” When the student tried to take the cellular telephone out a second time,
the white male officer took the phone from him. Ms. Hoffnagle said the phone was grabbed

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from him in a violent manner, which left the male student “whimpering, and torn up about
it.”

At one point, Ms. Hoffnagle asked a white or Hispanic female Liquor Agent if she could use
the bathroom. She said the Liquor Agent responded with something similar to “go fucking
sit down.” She eventually used the bathroom as she was beginning to exit the club.
Ms. Hoffnagle said officers told them to form a single file line, and the group began to move
toward the exit. The line filed out of Elevate Lounge, downstairs into Alchemy, and onto
College Street. Ms. Hoffnagle did not witness the taser deployment by New Haven Police
officers in Elevate Lounge.

Ms. Hoffnagle said about 7 officers and 4 Liquor agents entered Elevate Lounge. She
estimated 80-100 people were in Elevate Lounge when the police entered. She described
students singing, almost in an open defiance of directions given by police officers to “be
quiet and sit down.”

Ms. Hoffnagle said there were other social events going on, with some students partying on
campus.

Ms. Jade Nicholson


On November 4, 2010, I met with Ms. Jade Nicholson in the internal Affairs Unit of the new
Haven Police Department. Also present was Detective Chalette Barham of the Internal
Affairs Unit. The Interview took place in room 155 on the first floor.

Ms. Nicholson said she arrived at Elevate at about 10:30 p.m. with a group of about 14
friends. A dark skinned officer wearing SWAT style attire made a loud announcement “sit
the fuck down, shut the fuck up!” She also heard the same officer telling patrons to put their
phones away.

Ms. Nicholson said she was downstairs at the time Police Officers entered the bar. She said
she went downstairs into Alchemy because of the overcrowding. Ms. Nicholson did see one
patron attempt to stand up, but was pushed back into the seated position by an officer. She
believed the officer pushed the patron back down in a controlled manner, not an aggressive
manner.

Ms. Nicholson said she waited about a half hour before being allowed to exit the bar. As she
left the bar, patrons were made to form a single file line, and their identification was checked
again as they left. She did not witness any officer take any cell phones from patrons. She
added her main concern was the verbal abuse by officers.

Ms. Nicholson said “pre-gaming”, drinking alcoholic beverages prior to going to social
functions is “pretty common” among underclassmen.

Ms. Hannah Shimabukuro


On October 29, 2010, Ms. Shimabukuro met with me in the Internal Affairs Unit of the New
Haven Police Department to provide a voluntary taped statement. Also present was Sergeant

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Nicholas Marcucio of the Internal Affairs Unit. The interview took place in room 155 on the
first floor.

Ms. Shimabukuro said she arrived at about 11:15 p.m. with between 5 and 8 friends. The
event was described as a tradition, a big social event. Ms. Shimabukuro heard of the event
by flyers, E-mails, and Facebook.

Ms. Shimabukuro was in Alchemy when police arrived, and was actually walking back
upstairs to gather belongs to leave. Half way upstairs, she was stopped by a male officer and
told to go back downstairs to Alchemy. She described this male as wearing all black,
carrying an assault rifle, although she said the weapon was about a foot long. Officers asked
for identification and told people to “sit the fuck down.” She estimated 60 or more people in
Alchemy when officers arrived. Elevate was much more crowded, which is why she went
downstairs. There was an estimated 10 officers and 4 Liquor Agents present during the
compliance check.

Patrons were told to form a single file line to exit. During the identification check, anyone
without a proper ID card was asked to wait to the side while others exited. She did not have
identification, and waited until about 2:30 a.m. She was allowed to leave after providing her
name and date of birth. Ms. Shimabukuro said students were initially using telephones, but
were asked repeatedly by police offices to put them away. Ms. Shimabukuro did not see
police officers take cellular telephones from anyone.

Ms. Shimabukuro told me “pre-gaming” is a regular occurrence, although done in private


with friends. She told me “pre-gaming” implies drinking alcohol prior to going out for the
evening. Ms. Shimabukuro said she did not participate in “pre-gaming” prior to this
particular event.

Ms. Shimabukuro said her biggest complaint was the lack of communication by police and
Liquor Agents. She believed if the police officers and Liquor Agents had told patrons the
purpose of their visit, things could have gone a lot smoother.

Ms. Emily Villano


On October 29, 2010, I met with Ms. Emily Villano in the Internal Affairs Unit of the New
Haven Police Department for a voluntary taped statement. Sergeant Nicholas Marcucio was
also present. The interview took place in room 155 on the first floor.

Ms. Villano said she arrived at about 11:00p.m. with about five other people. She had been
invited by a friend. Ms. Villano said police entered the club at about 1:00 a.m. She said she
was on the dance floor of Elevate at the time. She became aware of the presence of police
because the music had stopped and the lights were raised. She estimated the occupancy to be
60-100 patrons.

Ms. Villano said she believed officers gave “aggressive” verbal instructions and did not think
there was any profanity at the onset. Officers gave verbal commands to “sit on the floor, shut

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up, uh, take out our IDs.” She did not have her identification with her, as it was in her coat in
the coat check area.

As directions were being given, “a lotta people had their phones out.” Shortly after getting
everyone seated, officers told patrons to put their phones away. One male patron seated near
her had to be told several times to put his phone away, resulting in an officer threatening to
arrest him if he didn’t comply. Ms. Villano described this officer as a black female, with her
hair up. She estimated there to be 15 officers and 3 Liquor agents present during the
compliance check. She was unsure if anyone had a cellular telephone taken by officers.

Ms. Villano said officers gave instructions for patrons to form a single file line to exit. She
was toward the front of this line. Several students were participating in a “sing a long.”
Others were grumbling about not knowing where they were going, or how long they had
been waiting for.

A black male officer wearing all black, wearing a “longer gun” on his vest, singled out one
particular student, asking if he wanted to be made an example of for not following directions.
The officer removed this male patron out of line, and walked away with him. The male
patron went voluntarily, not needing to be escorted physically by the officer.

Ms. Villano asked the black male officer wearing “heavier gear” about how to go about
getting her belongings from the coat check. He told her to go to the side to get it. She said
she was a little nervous so she asked a second officer the same question. The black male
officer she initially asked overheard her, at which point he began to yell at her and threatened
to handcuff her for going “behind his back.”

Ms. Villano said she had been drinking alcohol beforehand, participating in “pre-gaming.”

Mr. Max Lowy


On January 6, 2011, I met with Mr. Lowy at Elevate Lounge. He is the regular DJ at the
club, and was present when the compliance check occurred on October 2, 2010. He told me
the police came in, and began yelling. After Mr. Lowe turned the music down, he could hear
the police yelling and swearing at patrons and employees for not moving fast enough.

Mr. Lowy said he saw the fight involving Mr. Jefferson in front of his equipment, and
described Mr. Jefferson as resisting, but not striking the officers. He was not willing to give
a taped statement, but did provide contact information. His cell phone number is (908)675-
2979.

Mr. Gene DeCrisotofaro


On January 6, 2011, I met with Mr. Gene DeCrisotofaro. He is an employee of Elevate
Lounge, and was present during the compliance check on October 2, 2010. He said the
officers came into the club in an aggressive manner. Mr. Crisotofaro said officers were
swearing and yelling from the time they entered the club.

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Mr. Crisotofaro told Sergeant Marcucio and myself he had seen a SWAT officer on the stairs
between Elevate and Alchemy. While on the stairs, the SWAT officer was engaged in
conversation with “Josh”. Josh was an employee who was there “off the clock”” with his
date. The SWAT officer was standing further up the stairs, and was talking to Josh, who was
sitting on the lower steps. Mr. Crisotofaro said the SWAT officer was rude and yelling at
Josh and his date. He also said it appeared SWAT officers were in charge, and were giving
commands to patrons, which were then repeated by officers. Mr. Crisotofaro provided his
cell number if I needed to speak to him again, (203)671-2224.

Ms. Melisa Grella


On January 6, 2011, I met with Ms. Melisa Grella. She is an employee of Elevate Lounge,
and was present during the compliance check on October 2, 2010. She said the officers came
into the club in an aggressive manner. Ms. Grella said officers were swearing and yelling
from the time they entered the club.

Ms. Grella was at a bar in Elevate during the compliance check, and saw the fight between
officers and Mr. Jefferson. She said she believed the officers Tased and struck Mr. Jefferson
after he was handcuffed. She is the only witness to recall this happening. Based on where
Ms. Grella showed me she was standing, she would not have been able to see over the crowd
and around the DJ booth. Ms. Grella provided her cell number if I needed to speak to her
again, (203)768-5324.

Mr. Jamarr Daniels


On October 14, 2010, Mr. Jamarr Daniels met with me in the Internal Affairs Unit of the
New Haven Police Department for a voluntary taped statement. Also present was Detective
Caminer Lavache. The interview was held in room 151 on the first floor.

Mr. Daniels is a current member of the New Haven Police Explorers program. This program
allows people under the age of 21 to work along with certified police officers at events.
Their function could be to direct traffic, give directions, or answer questions. Mr. Daniels
had been present at a press conference held by Mayor John DeStefano concerning the
downtown violence in September 2010, and had been present each weekend after for
compliance checks in the Downtown District.

On the night of this incident, October 2, 2010, Mr. Daniels was again present for compliance
checks. He also said Assistant Chief of Police Melendez knew he was present, and did not
address his accompaniment as an issue. Mr. Daniels was not in his Police Explorer uniform,
and was not acting in his capacity as a Police Explorer. He was in street clothes, black pants,
black shirt, and black shoes.

Mr. Daniels said he stood by the coat check area after entering Elevate Lounge. He saw
several patrons trying to leave, but were told to go back inside for a compliance check. He
did not see any persons that appeared to have been assaulted. As officers entered the area,
Officer Strickland told the DJ to turn off the music. After the lights came on, officers and

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liquor agents began to check identification cards of the patrons. At this point, Mr. Daniels
described the atmosphere as almost casual, with officers and patrons taking to each other.

According to Mr. Daniels, a short time into the compliance check, patrons started to get riled
up. He said patrons began singing, getting snotty, and texting, in what he called an attempt
to “piss off” the officers. The singing was initiated by a black male patron, wearing a black
suit and a white shirt, standing about 5’11” tall.

During the investigation, several patrons were still using their cellular telephones to call and
text. Mr. Daniels said he personally saw Officer Betsy Segui take a cellular telephone from a
patron. He also heard Officer Segui tell the individual she would give him the phone back
after the investigation. About 15 minutes later, she gave the phone back.

Mr. Daniels said patrons without ID cards were separated and made to stand off to the side
while those with ID cards were told to form a single file line and begin to exit. He was also
able to identify several officers in the club. Two officers were wearing white shirts, Chief
Limon and Chief Melendez. Two officers were in SWAT attire, Lieutenant Reddish and
Officer Strickland. Also present was Sergeant Guliuzza and several officers from the new
class.

While waiting for patrons to exit, Mr. Daniels saw one specific incident between a Yale
football player and two officers. One officer was an unknown rookie, the other was
Lieutenant Reddish. The student was asked to stand and put his hands behind his back. As
the student put his hands behind his back, Mr. Daniels said the student “tensed up” and
“flexed his muscles.” The student was slightly taller than Lieutenant Reddish, and a little bit
heavier. Lieutenant Reddish was wearing SWAT attire, including a ballistic vest.

Mr. Daniels said it looked like the student was showing off for his friends, tightening up to
keep the officers from applying handcuffs. The rookie officer attempted to deploy his taser,
but the cartridge fell off the Taser X26. The officer then attempted to drive stun the football
player, but it did not affect him. A physical struggle ensued. The struggle made its way from
the bar area to the dance floor.

Mr. Daniels did not see anyone struck during the struggle, and said he did not see anyone
strike the arrestee after he was handcuffed. The arrestee was picked up and removed from
the area quickly. Mr. Daniels said he heard the rookie officer and Lieutenant Reddish yell
“anybody else?” to the crowd after the arrest of the football player. The crowd stayed in line
and filed into Alchemy after the arrest, without further incident.

As the line made its’ way toward the exit, Mr. Daniels stayed close to Officer Segui and
Officer Borisova. Officer Segui did address a patron about using their cell phone, telling that
patron to follow directions and put their phone away.
OFFICER’S STATEMENTS

Officer Angelo Mauriello

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On October 21, 2010, I ordered Officer Angelo Mauriello to the Internal Affairs Unit of the
New Haven Police Department to provide a compelled taped statement. He was represented
by Officer Arpad Tolnay of Local 530. Prior to beginning the taped interview, Officer
Mauriello was given an opportunity to review the written reports and Civilian Complaint
Forms.

Officer Mauriello said several supervisors were on scene for the compliance check at Elevate
Lounge. These supervisors were AC Melendez, Lieutenant Thaddeus Reddish, and Sergeant
David Guiliuzza. He was given an assignment to stand by the doorway and not let anyone in
or out. At some point during his post assignment, Chief Limon did enter the bar. There were
three civilians near the entry. Two were bar employees, the third was an Asian female taking
money or checking tickets. Both bar employees were wearing black shirts. The first
employee was a female working the coat check. She was described as a white female, blond
hair and 18-20 years old. The second was a white male with a short crew cut style hairdo.
He was also about 18-20 years old.

While on post, Officer Mauriello said he walked into the bar area when he heard a
commotion. He saw several officers on top of an individual, already subdued. He assisted
with handcuffing the subject. He and another officer walked the arrestee down to the street
level, and placed him in a marked patrol vehicle. He then walked back to his post, and
secured the door.

While still on post, Officer Strickland walked a male patron past him, and left the subject in
the hallway. Officer Mauriello was not told why the subject was brought out of the club.
The subject was described as a white male with dark hair. He was about 18-20 years old.
His shirt was unbuttoned and his tie loosely worn around his neck. He did not appear to have
been assaulted. Officer Strickland eventually came back for the subject and brought him
back into the bar area.

Officer Mauriello said he arrested Mr. Alfred Molinas, at the direction of Sergeant Guiliuzza.
He was told Mr. Molinas was interfering with the investigation of a liquor Agent. Officer
Guliuzza did not see any officer strike a patron, nor did he see any office take a cellular
telephone from any patron.

Officer Yelena Borisova


On October 21, 2010, I ordered Officer Yelena Borisova to the Internal Affairs Unit of the
New Haven Police Department to provide a compelled taped statement. She was represented
by Officer Arpad Tolnay of local 530. Prior to beginning the taped statement, Officer
Borisova was given an opportunity to read the Civilian Complaint Forms and any written
reports related to the incident.

Officer Borisova said a line up was addressed at Temple and Crown Streets by Assistant
Chief of Police Melendez. Her assignment was to stay outside the College Street entrance to
Alchemy and not let any persons pass through the doors. She believed at some point, she
was told to go inside, and make sure all patrons had identification, and keep them from using

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their cellular telephones. Officer Borisova said she was given those directives by Officer
Strickland.

After clearing the lower level, Officer Borisova went upstairs to assist other officers. While
checking identification, she heard a commotion. She turned to see officers trying to handcuff
a subject on the floor. Eventually the subject was removed from the area. At no point did
Officer Borisova see an officer hit or strike the subject while he was handcuffed.

Officer Borisova did not see any officers take cellular telephones from any patron, although
she did hear an unknown male yell for patrons to “put your fucking cell phone down.”
Officer Borisova said she also heard Officer Marshall yell “anybody else” or “who’s next?”
Officer Borisova described the bar area as chaotic after the incident in which officers were
fighting with the subject on the floor.

Officer Ann Mays


On November 10, 2010, Officer Ann Mays was ordered to the Internal Affairs Unit of the
New Haven Police Department to provide a compelled taped statement. Officer Mays was
represented by Officer Arpad Tolnay of Local 530. Prior to beginning the taped interview,
Officer Mays was given an opportunity to review the written reports from this incident.

Officer Mays said she attended a line up at the Command Post, located at Temple and Crown
Streets. The line up was attended by several officers, including Chief of Police Limon, AC
Melendez, Lieutenant Reddish, and Sergeant Guliuzza. The line up was given by AC
Melendez. During this line up, officers were told to check for identification and bracelets
identifying who was of age to drink alcoholic beverages.

Officer Mays was responsible for checking identification in the lower bar area, Alchemy.
She estimated 200 or so patrons to be in Alchemy. Officer Mays said she had given several
commands to patrons, telling them to stop using cellular telephones. She was not 100% sure,
but believed she was given that direction from Lieutenant Reddish.

During the course of checking identification, Officer Mays found several people without
identification. She put these people aside from the main group, and continued checking
identification. Officer Mays also saw Officer Strickland interacting with a white male
patron. This male was getting loud and “mouthy” with Officer Strickland.

Officer Mays saw Chief Limon on the stairs leading to Elevate from Alchemy. She also saw
AC Melendez on the first floor, taking an active part in the investigation. After the
compliance check, a brief meeting was held in which officers presented the number of arrests
or tickets issued during the course of the shift. At no point did supervision address actions or
language of officers.

Officer Mays said she did not see any officer take a cellular telephone, nor did she take a
telephone from a patron. She did not hear, nor did she use any inappropriate language during
the course of the compliance check.

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Officer Michael Lozada
On November 10, 2010, I ordered Officer Michael Lozada to the Internal Affairs Unit of the
New Haven Police Department to provide a compelled taped statement. He was represented
by Officer Arpad Tolnay of Local 530. Prior to beginning the taped interview, Officer
Lozada was given an opportunity to review the written reports associated with this incident.

Officer Lozada said there was a line up, addressed by AC Melendez, at Crown and Temple
Streets. As the group proceeded into Elevate Lounge, Officer Lozada entered from the
Crown Street doorway. He passed several civilians in the hallway and stairway. Officers
directed the patrons back into the bar. Patrons complied with the verbal commands. There
was no physical force or “assault” witnessed by Officer Lozada. Officer Lozada continued
through Elevate, and went downstairs to Alchemy.

While downstairs, Officer Lozada checked identification of patrons. He also heard someone
giving directions to “sit down.” Officer Lozada said he did not hear any vulgar language
form officers, but added he did hear patrons saying “this was bullshit.” One patron was
removed from the bar, and was arrested by Officer Forestier.

Officer Lozada did not hear anyone give commands to “put cell phones away.” He also did
not give any similar commands to the patrons. Officer Lozada did not see, nor did he take a
cellular telephone form anyone.

As officers cleared the bar area, patrons were told to form a single file line and proceed
toward the doors to have the identification checked one last time. Anyone without ID was
asked to step out of line, and wait until all other patrons had exited.

Officer Justin Marshall


On November 10, 2010, Officer Justin Marshall was ordered to the Internal Affairs Unit of
the New Haven Police Department to provide a compelled taped statement. Officer Marshall
was represented by Officer Arpad Tolnay of Local 530. Prior to beginning the taped
interview, Officer Marshall was given an opportunity to review his written report.

Officer Marshall told me either Chief Limon or AC Melendez addressed line up at the
Command Post prior to beginning the compliance checks. As officers entered the bar area,
commands were given for people to produce identification.

Officer Marshall said that during his identification check, anyone he came across without
identification was asked to stand near the DJ booth. Any patrons using their cellular
telephones were told to put them away. Officer Marshall said he believed the cell phone
usage to be an officer safety issue, and asks people to put cell phones away at most calls he
answers.

Officer Marshall did go downstairs to Alchemy at one point in the investigation to assist with
checking identification. At some point, he was asked by a supervisor, which he could not
remember, to go back upstairs to monitor students leaving the bar. While standing post at the
doorway, he saw Officer Abbate struggling with someone. Officer Marshall said the male

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subject was much larger than Officer Abbate. While assisting Officer Abbate, he was able to
get the subject to the ground. He said the subject was struggling and resisting the entire time,
actually striking Officer Marshall in the face. He added the subject was not only resisting,
but actually fighting him the entire time. Officer Marshall was giving verbal commands to
“get on his stomach, and place his hands behind his back.” The subject was described by
Officer Marshall as 6’03” and 225 lbs. while he estimated himself to be 5’06” and 170 lbs.

After the subject was handcuffed, he was removed from the bar. Officer Marshall said he did
strike the subject with a closed fist twice, but only while the subject was fighting him. He
did not see anyone strike the arrestee after he was handcuffed, and he did not strike him
either.

When asked about the video clip showing the after arrest scene and the audio of a person
yelling “anybody else?” Officer Marshall said he yelled the comment as a way of telling the
crowd assaulting and fighting officers was not going to be tolerated, and it was everyone’s
safety that was present, the person was subdued and arrested in such manner.

Officer Marshall said after the subject was removed from the bar, he went back and retrieved
his police hat as well as belongings of the arrestee. Officer Marshall brought these items
down to the street and gave them the arrestee.

Officer Betsy Segui


On November 11, 2010, Officer Betsy Segui was ordered to the Internal Affairs Unit of the
New Haven Police Department to provide a compelled taped statement. She was represented
by Officer Arpad Tolnay of Local 530.

Officer Segui said she attended a briefing at the Command Post located at Temple and
Crown Streets. The line up was addressed by AC Melendez. After the line up, Officer Segui
went with other officers and entered the establishment through Elevate Lounge.

As officers entered the stairwell and hall, they encountered patrons trying to leave. Officer
Segui turned the patrons around and sent them back into the bar. She did not see anyone
assaulted or struck by officers while walking into the club.

When Officer Segui entered the main area of the bar, she was assigned the left side of the
club. She counted 98 people in that area. She said she was instructed by Chief of Police
Limon to count the patrons. Chief Limon was also in the company of a black male, about 18-
20 years old, dressed all in black with some type of ID hanging around his neck. Officer
Segui believed the males’ name was Jamarr, and he was a member of the Police Explorers
program.

Officer Segui gave instructions to patrons near her to get their ID cards out. Any patrons that
asked what was going on, Officer Segui explained it was a compliance check by Liquor
Agents, and they were only responsible to have their identification ready to be checked.

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Later in the compliance check, AC Melendez gave her a clicker to hold. The clicker
reflected the number of patrons, 452, in the entire bar. During the compliance check, Officer
Segui gave commands for patrons to put their cellular telephones away. Most people
complied, however she did need to address two individuals several times. One subject was
caught using the phone after several requests to stay off of it until the investigation was
complete. Officer Segui asked the subject what he was doing. The male replied he was
texting his attorney. She took the cell phone from the male and explained she was
conducting an investigation, and although he and everyone else wanted to use their phones,
they could do so after she was done.

Officer Segui had to keep turning around to deal with the subject on the phone, and directing
her attention away from her tasks. She added she always keep people from using their
phones during an investigation for officer safety reasons, as she doesn’t know who the person
is contacting, and what information is being passed on. After 10-15 minutes, Officer Segui
gave the telephone back to the subject.

Officer Segui did not see Officer Marshall and Officer Abbate fighting with the arrestee, but
she did hear a commotion. Her line of sight was blocked by the DJ booth. Officer Segui did
not see any physical confrontations between officers and patrons.

Officer Christopher Fennessy


On November 10, 2010, I ordered Officer Christopher Fennessy to the Internal Affairs Unit
of the New Haven Police Department to provide a compelled taped statement. He was
represented by Officer Arpad Tolnay of Local 530.

Officer Fennessy said prior to beginning the compliance check, Command Staff addressed
the officers. He said the Command Staff consisted of Chief Limon and AC Melendez.
Orders were given to have “zero tolerance” and officers would be working in conjunction
with Liquor Commission and Fire Marshals.

As Officer Fennessy entered Elevate Lounge, they encountered patrons in the hallway.
Patrons were given direction to back inside, which they willingly did. Patrons were told to
have their ID ready. Any patron without ID was directed to a separate area where Officer
Curtis Miller was assisting the Liquor Commission.

Officer Fennessy said he, along with other officers told patrons to stay off their cellular
telephones. He believed it was an officer safety issue, as it was unknown who they were
contacting.. Officer Fennessy regularly has people refrain from using their telephones during
an investigation, for his safety.

Officer Fennessy did not take cell phones from any patron, nor did he see officers take cell
phones from anyone. Officer Fennessy did not use vulgar language, nor did hear any officer
use vulgar language.

Officer Jonathan Forestier

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On November 11, 2010, Officer Jonathan Forestier was ordered to the Internal Affairs Unit
of the New Haven Police Department to provide a compelled taped statement. He was
represented by Officer Arpad Tolnay of Local 530. Prior to beginning the taped interview,
Officer Forestier was given an opportunity to review his written report.

As officers entered Elevate, he and Officer Lozada accompanied Officer R. Strickland and
AC Melendez through Elevate and into Alchemy. While downstairs, Officer Strickland was
having difficulty getting one patron to comply with commands to have a seat and take his
identification out. After several attempts to gain compliance from this individual, Officer
Forestier arrested the subject for Interfering with an Officer. Officer Lozada, Officer
Strickland, and Officer Forestier escorted the person out of the bar. The subject was
continually saying he knew his rights, he wasn’t going to put his drink down, and his father
was a lawyer.

After putting his arrestee into the prisoner conveyance van, he went back into Alchemy.
When he entered, he was directed by AC Melendez to watch a group of females who did not
have identification with them. A short time later, a call for a fight came over the police
radio. AC Melendez directed him to go assist, and he would keep watch over the group of
females. Officer Forestier then went outside and assisted officers.

Officer Forestier did not see any officer use force against any patron, nor did he hear vulgar
or abusive language used by officers.

Officer Robert Strickland


On November 17, 2010, I ordered Officer Robert Strickland to the Internal Affairs Unit of
the New Haven Police Department to provide a compelled taped statement. He was
represented by Officer Arpad Tolnay of Local 530. Prior to beginning the taped interview,
Officer Strickland was given an opportunity to review the written reports related to this
investigation.

Officer Strickland said he and Lieutenant Reddish were assigned to an Emergency Services
Detail downtown at the time of this incident. He and Lieutenant Reddish accompanied
officers to various establishments within the City of New Haven, each time standing inside
for presence and not taking an active part in the investigation.

Prior to going into Elevate, officers met at the Command Post located at Temple and Crown
Streets. As officers left the Command Post and walked to Elevate, Officer Strickland said
they walked in a group, no cadence was called and no officers marched in formation.

Officer Strickland said he and Lieutenant were asked by AC Melendez to accompany him to
the compliance checks with the Liquor Commission. He and Lieutenant discussed each
staying with a specific member of the Command Staff, he would stay with AC Melendez and
Lieutenant Reddish would stay with Chief Limon.

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Once inside Elevate, Officer Strickland told patrons which were not complying with officers
to take a seat and have their identification ready. After order was established in Elevate,
Officer Strickland accompanied AC Melendez downstairs to Alchemy.

While Officer Strickland was downstairs, he had an interaction with a black male who would
not comply with requests to sit down and remove his identification. This male was arrested
and Officer Strickland escorted him outside with Officer Lozada and Officer Forestier.
Officer Strickland did not have any interactions with patrons using cellular telephones. He
did not see any officer, nor did he take a telephone from any patron.

Captain Joann Peterson


On November 19, 2010, Captain Joann Peterson was ordered to the Internal Affairs Unit of
the New Haven Police Department to provide a compelled taped statement. Although
afforded Union Representation, Captain Peterson refused.

Captain Peterson told me she was the assigned Entertainment District Operations Supervisor
on the evening of October 1, 2010. She was present for a briefing of the evening’s events,
and the meeting was led by Chief Limon and AC Melendez. She did not leave the Command
Post to accompany officers on compliance checks.

At some point in her tour of duty, Captain Peterson said she had received information
concerning an undergraduate party where underage people would be drinking. This
information was passed on to AC Melendez.

After checking other locations throughout New Haven, officers met back at the Command
Post before heading to Elevate Lounge. As officers walked toward Elevate, Captain Peterson
said she could not remember if there was marching or cadence, but described the group as
“impressive.”

After the Entertainment District was closed for the evening, Captain Peterson said she
walked Crown Street before she let officers leave for the end of their shift. She said she did
this each shift she worked, going all the way to College and Crown Streets. Captain Peterson
said she walked to that intersection because of the number of problems centered there.

Captain Peterson said she saw a male sitting in the back of an ambulance, holding something
to his head, but could not identify the subject. She was also addressed by a couple of males
sitting on the ground. They had mentioned to her they had been interns for Sean Matherson
or Robert Smuts. She said she was not the arresting officer, and they needed to speak to that
officer.

Officer Curtis Miller

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On November 22, 2010, Officer Curtis Miller was ordered to the Internal Affairs Unit of the
New Haven Police Department to provide a compelled taped statement. He was represented
by Officer Arpad Tolnay of Local 530.

Officer Miller said he was present for a meeting at the Command Post prior to beginning the
compliance checks. The line up was given by Chief Limon, AC Melendez, and Sergeant
Guliuzza. He said after the briefing, they walked as a group, no cadence or marching, to
Elevate, and he was toward the rear of the group as they entered the bar.

Officer Miller said as he entered the bar, he saw a table of five patrons who appeared to be
underage. He checked there identification, and issued infractions to them. After completing
the infractions, he accompanied the Fire Marshal about the location. During the course of
assisting the Fire Marshal, Officer Miller did not see any officer take a cellular telephone or
physically abuse any patron. Officer Miller did not hear any verbal abuse or vulgar
language.

Lieutenant Thaddeus Reddish


On November 17, 2010, Lieutenant T. Reddish was ordered to the Internal Affairs Unit of the
New Haven Police Department to provide a compelled taped statement. He was represented
by Officer Arpad Tolnay of local 530. Prior to beginning the taped interview, Lieutenant
Reddish was given an opportunity to review the written reports associated with this case.

Prior to beginning his shift, Lieutenant Reddish attended a line up at the Command Post.
This lineup was attended by Chief Limon and AC Melendez. After line up broke, Lieutenant
Reddish accompanied the compliance checks to various bars throughout New Haven,
including Libra, located on Main Street in Morris Cove. AC Melendez asked Lieutenant
Reddish and Officer Strickland to accompany him on the checks. Chief Limon was not
present, but the check was supervised by AC Melendez.

Prior to beginning the compliance check at Elevate Lounge, officers re-assembled at the
Command Post, and walked to Elevate as a group. Initially Lieutenant Reddish stayed
outside Elevate with Chief Limon, while Officer Strickland accompanied AC Melendez.
After hearing loud yelling coming from inside Elevate, Lieutenant Reddish decided to go
inside and check on officers. He asked Chief Limon to wait outside while he went in. As he
ascended the stairs, Lieutenant Reddish looked over his shoulder and saw Chief Limon
walking up the stairwell behind him.

As Lieutenant Reddish entered the bar, he saw it was dimly lit, and full of patrons. He said it
was so full, the ceiling was actually sweating. After speaking with the DJ, he was able to get
the lights turned on, and the music turned down. Lieutenant Reddish said he made a loud
announcement for patrons to sit down, take out their identification, and stay off the cell
phones. He also told them they were present for a compliance check.

A majority of patrons complied and put away their cellular telephones while removing the
identification for a check. As the crowd became more compliant, Lieutenant Reddish said he
could actually hear AC Melendez address one individual (Mr. Zachary Fuhrer) and remind

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him to put his cell phone away. At this point it was clear of patrons standing, and officer
could easily see each other.

Lieutenant Reddish needed to speak with one individual repeatedly, Mr. Fuhrer, which AC
Melendez had addressed twice before. Lieutenant Reddish told Mr. Fuhrer he needed to
comply and put his phone away. He would be free to go, as soon as they finished their
checks. After Mr. Fuhrer remained non-compliant, Lieutenant Reddish moved the subject to
a different area, away from other patrons.

Lieutenant Reddish went to the balcony to check on Officer Strickland, he turned back
toward the area he had left Chief Limon, and saw Mr. Fuhrer using his cellular telephone
again. He walked over to Mr. Fuhrer, and told him he was interfering with the investigation,
and he needed to sit down and comply with requests. He sat Mr. Fuhrer on the floor near a
bar, and placed his cell phone on top of the bar, within reach of Mr. Fuhrer. Lieutenant
Reddish said he believed cell phone use and texting was a danger to officer safety, as people
could call for help or pass on officer locations to the next target.

Lieutenant Reddish had one other notable interaction while observing the group of patrons in
Elevate. While other patrons would apologize and put their cellular telephones away after
being caught texting, one patron(Jordan Jefferson) totally ignored Lieutenant Reddish, and
became verbally aggressive. When asked what Mr. Jefferson had said that was considered
abusive, Lieutenant Reddish replied he said “fuck this, fuck this guy, who is this guy fucking
think he is, this is bullshit.”

Lieutenant Reddish said Mr. Jefferson was soliciting people around him. He was told there
was an ongoing investigation, and he what he is doing constitutes Disorderly Conduct.
Eventually Mr. Jefferson listened to Lieutenant Reddish and stopped for a while. He did not
arrest Mr. Jefferson because he felt he would stop, and wanted to give him a chance to realize
he was making a mistake with his behavior.

Lieutenant Reddish said he walked over to the balcony and checked on Officer Strickland a
second time. As he turned around, Officer M. Abbate walked to him and said Chief Limon
was going back outside. As he and Officer Abbate began to walk toward the door Chief
Limon had exited, Lieutenant Reddish saw Mr. Jefferson using the cellular telephone again.
Mr. Jefferson began using the same aggressive, abuse language. This time, Lieutenant
Reddish removed him from the group and set him near Mr. Fuhrer, away from the crowd.

After separating Mr. Jefferson from the group, Lieutenant Reddish began to explain how he
was violating several laws. At this point, he recognizes this event is a Yale University linked
function. Lieutenant Reddish told Mr. Jefferson he was going to contact his Dean, and relay
his behavior to him. Mr. Jefferson told Lieutenant Reddish. Mr. Jefferson said he didn’t
“give a fuck” and “I go to Yale.” Lieutenant Reddish then turned to Officer Abbate and
ordered him to call communications and try to get a Yale Police Supervisor to the scene. Mr.
Jefferson then pulled his cell phone out and said “fuck you” and kept using his phone.

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Lieutenant Reddish then told Mr. Jefferson “this is why you’re sitting here right now, you’re
interfering.” Mr. Jefferson replied “fuck you, you’re a fucking joke, this is bullshit.” While
engaged with Mr. Jefferson, Lieutenant Reddish heard the Liquor Commission announce
patrons could start moving out toward the exit. While patrons filed past Mr. Jefferson, he
tried to reach out to them, or engage them in conversation. While speaking to patrons
walking by, Mr. Jefferson was telling them “nothing’s gonna happen with this bullshit.”

At that point, Officer Abbate told Mr. Jefferson to stand up and he was under arrest. As Mr.
Jefferson stood up, Lieutenant Reddish realized how much bigger he was than the officers.
As Mr. Jefferson started to put his hands behind his back, he would pull back and “tease” the
officers by not placing his hands behind his back. As Officer Abbate tried to place the
handcuffs on Mr. Jefferson, he slapped the officers’ hand away. He saw Officer Abbate pull
his Taser and as he tries to drive stun him, Mr. Jefferson slaps the cartridge from Officer
Abbate’s hand. Mr. Jefferson strikes both Officer Abbate with a forearm and Lieutenant
Reddish with a forearm across the chest and butt of his M-4 rifle.

Officer Abbate called out over the radio he was in a fight. Several officers rushed to assist.
Lieutenant Reddish saw Officer Marshall’s head snap back. Initially Lieutenant Reddish
sees Mr. Jefferson fighting the officers, but he eventually became rigid, keeping officers from
being able to handcuff him. Lieutenant Reddish said he heard patrons questioning why Mr.
Jefferson was fighting and doing what he was doing. Officers eventually get Mr. Jefferson
handcuffed, and he is immediately removed from the scene.

Lieutenant Reddish said he turned around, and saw the crowd had closed in, so he ordered
them to back up and get in line. He did not see any officers take cell phones from patrons,
other than the one he took from Mr. Fuhrer. Lieutenant Reddish said AC Melendez were
downstairs and did not see then Taser incident. Chief Limon had exited just prior to Mr.
Jefferson becoming belligerent.

Lieutenant Reddish told me he had started writing his report after the bar detail concluded,
but did not finish it until Monday morning because it was a supplement to the arrest. This
caused a difference in the date on the bottom, as the report was started on October 2, 2010.

Officer Kzystof Ruszczyk


On November 24, 2010, Officer Ruszczyk was ordered to the Internal Affairs Unit of the
New Haven Police Department to provide a compelled taped statement. He was represented
by Sergeant Richard Miller of local 530.

Prior to beginning the compliance checks at Elevate Lounge, New Haven Police supervisors,
specifically AC Melendez, gave general guidelines as to what was expected from officers.
Officer Ruszczyk was tasked with checking identification once he entered Alchemy from
College Street. He did not hear, nor did he personally use any vulgar language.

Officer Ruszczyk did not give commands for patrons to stay off cellular telephones. He did
not hear any other officers give commands about staying off of telephones, nor did he see
any officers take cellular telephones from anyone.

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Sergeant David Guliuzza
On November 24, 2010, Sergeant Guliuzza was ordered to the Internal Affairs Unit of the
New Haven Police Department to provide a compelled taped statement. He was represented
by Sergeant Richard Miller of Local 530.

Sergeant Guliuzza said that prior to beginning the compliance checks, there was a briefing
led by the Chief of Police and an Assistant Chief of Police. During the briefing, it was
expressed that officers would take a “zero-tolerance” position. Emergency Services (SWAT)
personnel, at the direction of either Chief Limon or AC Melendez, accompanied officers to
various locations prior to meeting back at the Command Post. Officers then walked to
Elevate. There was no marching or cadence, but a group of officers walking.

Sergeant Guliuzza said he was toward the middle or end of the group of officers which
entered Elevate Lounge through the Crown Street entrance. He could not remember if he had
passed patrons in the stairwell or hallway leading to the main bar area. Once inside, patrons
were instructed to remain off of their cellular telephones, and to take a seat on the floor.
Sergeant Guliuzza said the order to remain off of the cell phone was two-fold. Primarily for
officer safety, secondly, to maintain order so patrons would easily be able to follow direction.

During the compliance check, Sergeant Guliuzza did not hear any officer use vulgar language
while addressing patrons. He also did not see, nor did he personally take a cell phone from
any patron.

Sergeant Guliuzza saw two officers struggling with a patron, in what appeared to be an
attempt to handcuff him. As he approached the struggle. Officers and the subject were
already on the ground. The subject, Mr. Jordan Jefferson, was not complying, and refusing
to give officers his hands. Sergeant Guliuzza said he assisted in handcuffing Mr. Jefferson,
who was eventually handcuffed and removed from the immediate area.

Patrons were asked to line up to exit through Alchemy, and onto College Street. Sergeant
Guliuzza said he saw AC Melendez and Chief Limon upstairs prior to the incident with Mr.
Jefferson, but was not sure if either had witnessed the arrest.

Officer Matt Abbate


On November 24, 2010, Officer Matt Abbate was ordered to the Internal Affairs Unit of the
New Haven Police Department to provide a compelled taped statement. He was represented
by Detective Renee Luneau of Local 530. Prior to beginning the interview, Officer Abbate
was given an opportunity to review his written report form the incident.

Officer Abbate was told by Lieutenant Reddish to stay with Chief Limon while inside the
bar. During the time he was with Chief Limon, Officer Abbate heard AC Melendez,
Lieutenant Reddish, and others tell patrons to stay off of their telephones. Officer Abbate
also spoke with one patron, at the direction of Chief Limon, to remain off of their cell phone.
He cited officer safety as his main concern.

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While in Elevate, Chief Limon told Officer Abbate he was going back outside. Officer
Abbate walked to Lieutenant Reddish and relayed information about Chief Limon leaving.
While with Lieutenant Reddish, Officer Abbate addressed one patron, Mr. Jordan Jefferson,
about using his cellular telephone. Mr. Jefferson was separated form his peers, and explained
his actions were Interfering with their investigation.

As Mr. Jefferson became more belligerent, Lieutenant Reddish told Officer Abbate to make
notification to Yale University. After several more minutes of unruly behavior, Officer
Abbate decided to arrest Mr. Jefferson. As he grabbed his wrist to apply handcuffs, Mr.
Jefferson swung his arm away from Officer Abbate. Officer Abbate then drew his
department issued Taser, and told Mr. Jefferson “if you fight me, I am going to use my Taser
against you.” At that point, he grabbed Mr. Jefferson’s wrist a second time and Mr. Jefferson
turned around and flung his left arm back. Officer Abbate stepped back, and drive stunned
Mr. Jefferson in the right shoulder. Mr. Jefferson then turned and threw a punch at
Lieutenant Reddish, striking him in the trauma plate of his ballistic vest.

As the confrontation grew into a fight, Officer Abbate tried to drive stun Mr. Jefferson a
second time. He then called out he was in a fight, in an attempt to summon other officers for
help, as Mr. Jefferson was much larger than him. Officer Marshall and Sergeant Guliuzza
came to his aid. Officer Marshall was able to get Mr. Jefferson to the ground, face up.
While struggling, Officer Abbate saw Officer Marshall get struck in the face by Mr.
Jefferson. After Officer Abbate drive stunned Mr. Jefferson in the hamstring, officers were
able to apply handcuffs.

After the handcuffs were applied, Mr. Jefferson was led from the bar to a marked police
vehicle by the street. Officer Abbate did not go back into the bar after walking Mr. Jefferson
to the street level. Mr. Jefferson was transported for medical treatment. He then notified
Sergeant Guliuzza of his “use of force.”

Assistant Chief of Police Ariel Melendez


On December 8, 2010, Assistant Chief of Police A. Melendez met with me in the Internal
Affairs Unit of the New Haven Police Department. Also present was Captain Denise
Blanchard also of the internal Affairs Unit. Assistant Chief Melendez read, understood, and
signed the Internal Investigation Warning and the False Statement Warning Form.

AC Melendez has held his current position, Assistant Chief of Operations, for six months.
Assistant Chief Melendez started his tour of duty at about 10:00 p.m., specifically for
Operation Nightlife. He said Operation nightlife was the direct result of a series of violent
weekends Downtown, culminating with two groups discharging firearms at each other.
Uniformed New Haven Police Officers interceded, and exchanged gunfire with the subjects.
At that point, the City of New Haven Mayor’s Office called for a more pro-active approach
to public and police officer safety. This led to Operation Nightlife. Officers included in
Operation Nightlife were Canine Units, Traffic Units, Emergency Services (SWAT), and
additional foot and bicycle patrols.

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AC Melendez said approximately 5-6 inspections had been planned for October 1, 2010.
Two specific locations were chosen by Sergeant V. Anastasio in the East Shore District.
There were several violations at the East Shore locations, including a criminal arrest affected
by Officer R. Strickland of the SWAT team. Several other locations were chosen within the
Entertainment District by Liquor Control Agents and the New Haven Police Department.
Prior to beginning the inspections of establishments, a brief line-up was held at the
Command Post. Attendance was taken, as well as a set of tasks each officer would complete
at each inspection. Chief Limon was not present, according to AC Melendez.

After completing the East Shore inspections, officer regrouped at the Command Post, at
which time Chief Limon was present, along with Captain J. Peterson. After line-up, AC
Melendez was walking with officers to begin the first of three inspections Downtown. As the
group of officers approached Static Bar, it was noticed the crowd was small, so AC
Melendez decided to pass in favor of a more populated establishment. Crown Street Bar and
Grill was the second location, but again had a small crowd. AC Melendez decided to pass
again, and begin the inspection at Alchemy Bar. Alchemy was going to be the last location
because AC Melendez had been given information form Captain Peterson that a large
undergraduate party was being held at Alchemy, and there would probably be a lot of
underage drinking.

As officers approached Alchemy, an officer brought to AC Melendez’s attention that entry


could be gained from Crown Street as well as College Street. All New Haven Police Officers
were in full uniform, including traffic vests for high visibility. There were no plain clothes
officers on scene, even the Liquor Control Agents had jackets with highly visible lettering
identifying them as Liquor Agents.

AC Melendez was the first officer through the door at Elevate. He was followed by Officer
M. Lozada. As he climbed the stairs, a large group of patrons began to exit and descend
toward him and other officers. The stairwell was narrow enough that patrons actually pushed
past officers in an attempt to flee. When the officers reached the top of the stairs, AC
Melendez told Officer Lozada “we’re gonna need more officers.” After being inside several
minutes, he noticed SWAT members also inside the premises.

While upstairs, AC Melendez asked several employees to contact the owner or manager, and
he wanted to speak to them about the inspections about to take place. AC Melendez then
began to tell patrons to “put your cell phones away for the time being, we need to see ID’s.”
At that point he went downstairs to begin the compliance checks there. AC Melendez did not
see any officer take a cell phone from a patron, nor did he take a cell phone from a patron.
He looked back toward the second floor as he descended and saw Chief Limon walking
about the establishment. AC Melendez was not sure, but believed Chief Limon spent his
time on the second floor, as he could not remember seeing him in Alchemy.

After being notified by Liquor Control Agents of the violations and the establishments being
officially closed, AC Melendez formulated a plan to gather an official head count. Using the
College Street exit, officers had patrons line up and produce identification as they exited. A
tally was kept of all patrons as they left, totaling 461 during the controlled egress. AC

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Melendez said he noticed patrons producing student identification as they left. The
controlled egress took an estimated one hour. Given the amount of people, and the
inspection process for the premises, AC Melendez felt the one hour mark was a reasonable
amount of time.

After the inspections were concluded and the bar crowd dispersed for the evening, a
debriefing was held at the Command Post. Each supervisor, with the exception of Lieutenant
Reddish provided feedback on their unit’s activities. AC Melendez said he told the officers
they did well, covering themselves and keeping Downtown safe. He said Chief Limon
almost reiterated what he had said to the officers.

AC Melendez was not made aware of any injuries to officers, and he was not made aware of
any complaints filed by Yale University students in relation to the inspection. The following
day, Chief Limon contacted him with information concerning Yale University students being
upset over the compliance checks, and the use of SWAT officers. AC Melendez said there
are about 25 members on the SWAT team in New Haven, with 4 participating in Operation
Nightlife. Two SWAT officers accompanied the liquor compliance checks, the other team
patrolling the Downtown and surrounding areas.

AC Melendez said the Operations Plan for the detail was reviewed by Command Staff, and
after October 2, 2010, the participation from SWAT was discontinued. Prior to beginning
Operation Nightlife, three separate plans were drawn and reviewed by Chief Limon, with
small changes being made.

AC Melendez cited the past violence Downtown, with an emphasis on the gunshots at
College Street and Crown Street. He cited the overwhelming crowd exiting Elevate Lounge
and pushing past officers in an attempt to escape the inspection. AC Melendez said he
believed the call for more units prompted the SWAT officers to enter Elevate Lounge. He
said, it is his belief, all New Haven Police Officers acted professionally during this
compliance check.

Chief of Police Frank Limon


On December 8, 2010, I met with Chief of Police Frank Limon in the Chief’s Conference
Room, third floor of the New Haven Police Department. Also present was Captain Denise
Blanchard of Internal Affairs. Chief Limon read, understood, and signed the False Statement
Form, and the Internal Investigation Form.

This interview was in regards to his presence and participation, if any, at Elevate Lounge on
October 1, 2010. Chief Limon had told us, in response to an uptick in violence in the
Downtown District, an enhanced patrol detail was drafted and reviewed by him. This
enhanced detail took several components from the New Haven Police Department, including,
but not limited to a Canine Officer, Bicycle Patrol, several Foot Patrols, a mobile motor
vehicle enforcement unit, and 2 two-person SWAT teams to provide counter assault
assistance in the event of gunfire or active shooter scenarios.

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Chief Limon responded, as was his normal itinerary, to the Communications Command Post
at George Street and College Street to review the live feed cameras and monitor radio traffic.
His arrival was typically at about 10:30p.m. Also present in the Communications Command
Post was Lieutenant R. Muller, Lieutenant J. Vitale from YPD, and Assistant Chief of Police
T. Hensgen. After monitoring the activities for about 30 minutes, Chief Limon went to the
Command Post parked at Temple Street and Crown Street.

Upon arriving at the Command Post, Chief Limon was briefed by Captain J. Peterson. He
was told AC Melendez had went to bars outside of the Downtown District with the Liquor
Control Agents to inspect a few locations. He was also told SWAT had accompanied
Assistant Chief Melendez because of allegations of prostitution and guns in one
establishment.

AC Melendez and his inspection team arrived some time later at the Command Post, and was
briefed about further inspections Downtown. Chief Limon said he was not informed by AC
Melendez of any issues or problems with the previous inspections. Prior to beginning the
compliance checks at Downtown establishments, AC Melendez holds a brief meeting at the
Command Post and relays information about a potentially large party at a Downtown bar,
with the possibility of a large amount of underage drinking. Chief Limon said he did not
hear anyone mention the name of any particular school, and when specifically asked about
Yale University, he denied any mention by any person at the briefing.

Although Chief Limon said he did not accompany AC Melendez to any compliance checks,
he did, at one point, enter Elevate Lounge. Chief Limon said he walked to Elevate Lounge
from the Command Post after hearing officers call for more units there. Chief Limon said he
climbed a narrow set of stairs to the bar. As he entered the bar area, Chief Limon noticed the
lights were on and the music had been turned off. He described the scene as quiet with
sufficient lighting. Patrons were either seated or crouched down, and appeared to be
physically compliant with officer’s requests. Chief Limon said as he scanned the crowd, he
was not able to locate AC Melendez to get an update on the compliance check.

Chief Limon did not hear any verbal abuse by officers, although he did hear Lieutenant
Reddish yelling commands at the other end of the Lounge. Chief Limon did not see any
officers take cellular telephones from anyone, although he did hear commands to put the
phones away while officers completed their investigation. He recalled only seeing two
SWAT officers during the inspections. Chief Limon ordered a “head count” based on the
number of patrons he estimated in the establishment.

Chief Limon found AC Melendez on the lower level of the establishment, Alchemy. Up to
that point, he said he believed there to only be one level to the Lounge, and thought the
curtains covering the windows was actually a wall. Chief Limon approached AC Melendez,
and asked what he was doing in the lower level, at which time AC Melendez replied some
patrons from Elevate had made their way downstairs. Chief Limon said he told AC
Melendez about the situation upstairs, and he needed to control that area first. Chief Limon
said he accompanied AC Melendez the upper level, and then exited to the street the same
way he entered.

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Chief Limon said he was not sure if there was a de-briefing because he left early that night,
but said there usually was on e at the Command Post. He also said he was not made aware of
any complaints about the compliance checks, and he was not aware of any Taser
deployments that evening. Chief Limon was however, contacted by Mayor John DeStefano
on Saturday morning, and a concern was raised about the use of the SWAT team during the
raid of a party where Yale University students had gathered.

As a result of the telephone call from Mayor DeStefano, Chief Limon reviewed, evaluated,
and revised the Operations Plan for Operation Nightlife to exclude SWAT from participating
and assisting in compliance checks. Chief Limon said there has been training implemented,
as well as a new policy and training bulletin under review as far as how to handle being
videotaped in public. Chief Limon added violence continued Downtown at bar closing,
including gunshots and shootings.

Lieutenant Robert Muller


On January 6, 2011, I ordered Lieutenant Muller to the Internal Affairs Unit of the New
Haven Police Department to provide a compelled taped statement. He was represented by
Officer Arpad Tolnay of Local 530.

Lieutenant Muller told me he was assigned to the Communications Command Post to


monitor video footage from street cameras in the Downtown District. Also in the Command
Post was Lieutenant Jospeh Vitali of Yale Police Department and Chief of Police Frank
Limon.

While all were present within the Command Post, Lieutenant Vitale passed on information
about a Yale sponsored party at a downtown bar, with potential underage drinking.
Lieutenant Muller did not pass this information up the chain of command, as Chief Limon
was present when Lieutenant Vitale presented it.

Lieutenant Muller could not remember if he was given the location of the Yale sponsored
event.

Fire Marshall Joseph Cappucci


On December 13, 2010, I contacted the Office of the Fire Marshall in New Haven. I left a
message for Fire Marshall Cappucci concerning his participation in the liquor compliance
check at Elevate Lounge.

On December 14, 2010, Fire Marshall Cappucci returned my telephone call. He told me he
did not witness any actions by police officers, as he was “behind the scenes” checking the
fire sprinkler room and fire suppression equipment in the kitchen.

Liquor Control Agency


On January 4, 2011, I called the State of Connecticut Liquor Control. I left a message for
Director John Suchy explaining the nature of my call, and asking him to contact me
regarding my investigation. I did not receive a telephone call. On January 5, 2011, I

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contacted Agent Jaci Lewis. She told me she could not comment, and transferred me to Mr.
Suchy. Mr. Suchy again did not answer. I and left a voice message for him to contact me.
When I spoke to Mr. Suchy on January 6, 2011, he said he would provide the agents working
on October2, 2010 my name and contact information so they could contact me if they wished
to provide a statement. As of January 21, 2011, no contact had been made.

Lieutenant Rebecca Sweeney


On January 11, 2011, I ordered Lieutenant Sweeney to Internal Affairs to provide a
compelled taped statement. She was represented by Sergeant R. Miller and Officer A.
Tolnay of Local 530.

During the interview, lieutenant Sweeney told me she was not working on October 2, 2010,
during the compliance checks. She also said she did not have knowledge of the event at
Elevate Lounge, and it involving Yale University students.

Lieutenant Sweeney said she would normally be given any information about Yale
University events from Lieutenant Vitale of Yale Police Department.

Lieutenant Joseph Vitale


On January 11, 2011, I spoke with Lieutenant Vitale of Yale Police Department on the
telephone. Prior to asking questions concerning Elevate Lounge, he was granted permission
by Assistant Chief Ronnell Higgins.

Lieutenant Vitale told me he was present in the Communications Command Post on October
2, 2010, and told Lieutenant Muller about an event with Yale University undergraduate
students downtown. He could not remember if he gave a specific location for the event.
This was during a general conversation, and Chief Limon was present. Also present was
another male, dressed in civilian clothes.

Lieutenant Vitale said in the days after the officer involved shooting, a lot of information was
being shared between Yale University and the New Haven Police Department. Prior to that,
the information was 90% fraternity related. Afterward, the information sharing was more
pointed and focused on student safety along the Crown Street corridor.

Lieutenant Vitale said he may have passed on the information about the Elevate Lounge
event during a collaborative meeting with New Haven Police and Yale Police, but could not
remember if he did.

FINDING OF FACTS

On October 1, 2010, New Haven Police participated in Liquor Compliance checks with State
of Connecticut Liquor Control Agents, as well as other personnel from City of New Haven
Departments. The enhanced patrol deployment units were under the direction and supervision
of Sergeant David Guliuzza, Sergeant John Magoveny (who remained on the street), and
Captain Joann Peterson (in the Operations Command Post). Also included were 2- two
person units from SWAT. This led to a total of 10-15 officers assigned to “Operation

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Nightlife”. Assistant Chief Melendez stated he believed Chief Limon wanted him personally,
to “supervise” the compliance checks, while Chief Limon indicated he wanted Assistant
Chief Melendez to “oversee” the checks.

Prior to beginning the compliance checks, Assistant Chief Melendez was informed by
Captain Joann Peterson of an undergraduate party, with probable underage drinking, at
Alchemy. AC Melendez did not recall which college or university the undergraduates
attended. (The Downtown District is visited by many local colleges and universities.) Based
on his personal experience with Downtown bar closing, Assistant Chief Melendez decided to
check other pre-determined locations before checking Alchemy. This decision was made
because the Downtown District bars did not get crowded until later in the evening, opposed
to out of district bars which tended to be busy earlier. It was also explained to the team there
would be “zero-tolerance” during the compliance checks.

Sergeant V. Anastasio requested the Liquor Compliance Detail check two establishments in
the East Shore District. Sergeant Anastasio informed them of the possibility of weapons and
prostitution in one of the establishments. Based on this information, Assistant Chief
Melendez decided to bring one team of SWAT officers as a precaution. This team had two
members, SWAT supervisor Lieutenant Thaddeus Reddish and Officer Robert Strickland.
(No complaints arose from any of the East Shore inspections.)

While in the “Communications Command Post” Lieutenant Vitale of Yale Police Department
told Lieutenant Robert Muller of New Haven Police Department about a Yale University
sponsored undergraduate party at a downtown club. Lieutenant Muller and Lieutenant Vitale
said Chief Limon was present when this information was conveyed. Chief Limon did not
indicate any knowledge of a Yale University sponsored event downtown.

At approximately 12:30 a.m., upon completing the compliance checks in the outer districts of
New Haven, the compliance team returned to the “Operations Command Post”. The
“Operations Command Post” was located at Temple and Crown Streets. Chief Limon was
now present at the “Operations Command Post”, after leaving the “Communications
Command Post” on George Street.

There was an increase in the amount of patrons in the Downtown District, and minor
disturbances began to erupt sporadically. Based on Assistant Chief Melendez asking SWAT
to accompany the compliance check team to other bars, Lieutenant Reddish believed he and
Officer Strickland were to accompany the team to the Downtown District checks as well.
Due to the disturbances, Lieutenant Reddish decided to stay close to Chief Limon, who was
now present during the compliance checks for security while Officer Strickland accompanied
and “shadowed” Assistant Chief Melendez. It was re-iterated by both Chief Limon and
Assistant Chief Melendez there would be “zero-tolerance” during the compliance checks.

After a briefing at the “Operations Command Post” given by Assistant Chief Melendez, with
Chief Limon present, New Haven Police made their way to the first bar on the list to be
checked. Chief Limon said he stayed at the “Operations Command Post” and monitored the
police radio, however, AC Melendez and Lieutenant Reddish stated Chief Limon

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accompanied them to all three downtown bars. As the team made their way to Static and
Crown Street Bar and Grill, AC Melendez saw the crowd was not large enough to merit the
allocation of resources and decided not to check them. Both establishments had been
inspected in the recent past.

Assistant Chief Melendez then led the team to Alchemy, located at the corner of College
Street and Crown Street. As the team approached Alchemy, an officer pointed out a side
entrance on Crown Street. This entrance consisted of a staircase which led to the second
floor which is the entrance to Elevate Lounge. Elevate Lounge is directly adjacent to
Alchemy. Both Alchemy and Elevate share an inside doorway, allowing patrons from both
establishments to interact. (It should be noted neither SWAT officer was ordered to enter or
exit the establishment once noticed by any supervisor inside the location.)

Assistant Chief Melendez, accompanied by Officer Robert Strickland in SWAT attire, led the
group of New Haven Police and others into Elevate Lounge. As the team ascended upon the
stairway to Elevate, they were met with an onslaught of patrons trying to “quickly leave” the
establishment. Some of the patrons used force by pushing past officers, in an attempt to
elude the inspection process. The officers ordered patrons to go back into the bar. During
the chaos, some of the patrons were physically pushed by the officers due to their non-
compliance. One witness, Ms. Julia Mattison, said she believed she saw a SWAT officer
strike Mr. Ben Schenkel. Two other students, Ms. Tara Tyrell and Ms. Elena Hoffnagle,
confirmed officers forced patrons who were trying to leave, back into the bar. Mr. Schenkel
did not come forward after several attempts to contact him to confirm the alleged assault.

Upon entering the bar area of Elevate, officers fanned out among the patrons and began to
check identifications. Based on most statements given by witnesses, it appeared the
compliance checks were run by two SWAT officers. SWAT ordered patrons to sit down to
maintain a clear field of view in the location, and limited movement of patrons for
everyone’s safety. This prevented a “mass exodus” through limited egress points possibly
resulting in injury to patrons. Initially, patrons ignored the commands given by the Assistant
Chief and other officers by choosing to either make cell phone calls or send text messages.
The establishment appeared over-crowded and was dimly lit. Although a head count was
taken, several officers, including AC Melendez gave numbers in excess of 450 combined
within both establishments.

After a few minutes, order was established, the music was turned off, and the house lighting
was brought to a sufficient level for safe movement of officers and patrons. After the crowd
was controlled in Elevate, Assistant Chief Melendez and a few officers moved downstairs to
Alchemy, and repeated the same actions as in Elevate. Sergeant David Guliuzza was left in
charge of Elevate, with Lieutenant Reddish present in an ESU capacity. However, as the
highest ranking officer on scene, Lieutenant Reddish gave guidance and direction to the other
police officers on scene.

During the identification checks, New Haven Police requested patrons to stay off the cellular
telephones while the inspection was in progress. New Haven Police officers cited officer
safety as the main concern regarding cellular telephone usage by the patrons. Although

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several patrons made allegations of verbal abuse by officers, they could not identify which
officer committed the offense. All officers interviewed denied using vulgar or abusive
language, and did not witness any other officer using vulgar or abusive language. There
appeared to be an escalation in verbal commands and tone by the officers, based on non-
compliance by patrons. Ms. Elena Hoffnagle said she heard singing, in an almost “open
defiance” of police officers while Ms. Emily Villano described the officers as giving
“aggressive” verbal commands.

While most patrons seemed upset by the request, they did comply. A few patrons needed to
be addressed several times by officers concerning their cellular telephone usage. Officer
Betsy Segui acknowledged taking a cellular telephone from a patron who was not compliant
during identification checks. Officer Segui said she gave the phone back to the male patron
after the checks had been completed.

Other patrons identified were Mr. Zachary Fuhrer and Mr. Jordan Jefferson. Mr. Jefferson
was spoken to several times by Lieutenant T. Reddish concerning his open defiance and
attempts to lure the officers into a confrontation of the use of cellular telephones. Mr. Fuhrer
ignored several commands to remain off the cell phone and required officers to stop their
task and address his defiance. Mr. Jefferson and Mr. Fuhrer were separated from the group,
and made to sit near a bar, away from the other patrons. This was an attempt to diffuse any
other potential arrest situations.

After several attempts to force compliance with Mr. Jefferson through verbal communication
and physical separation, Officer Matt Abbate was forced to make an arrest, as all other means
had failed to gain compliance with Mr. Jefferson. Based on Mr. Jefferson’s resistance, the
use of force used against Mr. Jefferson fell within the guidelines of the use of Force
Continuum. Mr. Jefferson was given verbal commands, physically grabbed, punched twice,
and Tased to eventually gain compliance. The Taser deployment conformed to the Use of
Force General Order 07-01,which states in part; The Taser X26 may be used when a
subject(s) actions are perceived by the officer to be of Active Resistance or greater, as
found on the New Haven Police Use of Force Model. Active Resistance is defined, within
General Order 07-01 as: Physically evasive movements to defeat an officer’s attempt at
control, including but not limited to: bracing, tensing, pushing; or verbally signaling an
intention to avoid or prevent being taken into custody by using force.

Officer Marshall admitted he was the person yelling “anybody else!?” His justification was
notifying the general public assaulting and fighting with police officers was not going to be
tolerated.

According to a newspaper article published in the New Haven Independent on October 19,
2010, Mr. Seth Bannon and Mr. Steven Winter received text messages informing them of Mr.
Zachary Fuhrer’s arrest. After arriving on scene and initiating an inquiry of Mr. Furher’s
arrest, both Mr. Bannon and Mr. Winter were eventually arrested for Interfering with an
Officer.

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According to witnesses including AC Melendez and Lieutenant Reddish, Chief Frank Limon
was present for the compliance check from the initial contact of the team, until just before the
arrest of Mr. Jefferson. Chief Limon said he only responded to Elevate Lounge when he
heard a police officer call for more units. Chief Limon told me he felt the officers acted
professionally, from what he saw prior to leaving, and did not see the arrest of Mr. Jefferson.
Although there were allegations of verbal abuse by officers in Alchemy, there was no
evidence to support the allegation and no specific officers could be identified by the
complainants. There were no complaints filed regarding officers taking cellular telephones
from patrons in Alchemy (first floor). The patrons in Alchemy were the first group to exit,
and did so without incident.

At the time of the compliance check, October 2, 2010, New Haven Police deviated from the
written Operations Order for Operation Nightlife, and used two SWAT personnel for added
security at compliance checks in outlying establishments based on information of weapons
possibly being present. Lieutenant Reddish made a decision to accompany the Chief and
Assistant Chief during the Downtown District compliance checks, based on the large crowds
and their disruptive behavior. Operations Orders are a guideline for specific events. They
are flexible, which allows them to be changed as needed during the event. Lieutenant
Reddish deviated from Operation Nightlife, ESU op order, based on a concern for the safety
of Chief Limon and Assistant Chief Melendez at bar closing. The use of ESU was suspended
per Chief Limon the following weekend.

Several attempts to secure a copy of the security camera footage were unsuccessful. The
owner, Mr. Romero Farrah said he had footage, but needed it to be reviewed by his attorney,
John Carta. Several telephone calls to Attorney Carta were not returned.

Several bar employees were interviewed, but they did not offer any more insight into the
incident, and they did not wish to provide a taped statement.

Thirty-seven civilians filed complaints with the New Haven Police Department Internal
Affairs Unit. Eleven complainants refused to give statements during my investigation. One
complainant filed a written form after being told about the events. She was not present
during the compliance check. Seven complainants gave voluntary taped statements. Not one
of these complainants witnessed the arrest of Mr. Jefferson from the beginning. All of the
taped interviews had given some insight into the consumption of alcohol prior to the event at
Elevate Lounge.

The results of the compliance check cited violations under State of Connecticut Liquor
Control Division CN 2010-1262 were: three sales to minors; 30-86(b), three minors loitering;
30-90, excess number of bars; 30-62a, flies/vermin in bottles of alcohol; 30-6-A23(a)(1),
failing to meet the definition of a restaurant; 30-22(f), and exceeding posted occupancy (225
patrons upstairs when approved for 150). Additionally, Fire Marshall Capucci cited Elevate
Lounge for 29-306; fire safety regulations governing free passage to egress (excessive
rubbish or obstacles).

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NATURE OF COMPLAINT: Verbal Abuse

Although no officer could be positively identified as using offensive language, Officer


Robert Strickland was identified by clothing. He was wearing SWAT attire and a “doo-rag”
style head cover. He was accused of using vulgar language while giving commands to
patrons. Therefore, the allegation of Verbal Abuse is not sustained, evidence fails to
prove or disprove the alleged act occurred. However, if any vulgarities were used, the
officers would have been justified in using such language in an attempt to gain control due to
the lack of cooperation by patrons. Based of the lack of cooperation by patrons, officers
escalated their “Use of Force Continuum” from “officer presence and verbal
communication” to “contact, verbal commands, baton” as listed in General Order 07-01.
Although the language is not defined, a reasonable person could infer an escalation from
verbal communication (a mutual conversation) to verbal command (giving direction) is a use
of force.

Ms. Sophia Jia stated officers gave commands to sit down, so she and her date took a seat on
a couch immediately to the left of the entrance. Initially, officers gave commands to “sit
down”. As they repeated themselves, the content of commands escalated to “sit the fuck
down!” Ms. Jia said it appeared the swearing and vulgarity increased as the officers became
frustrated by the lack of cooperation and used vulgar language to get patrons’ attention.

Ms. Grunditz said she saw a SWAT officer, and heard him yelling “sit down and take out
your ID.” Mr. Konari said officers began to shout for patrons to “Sit Down, Shut Up!”

Ms. Villano said she believed officers gave “aggressive” verbal instructions and did not think
there was any profanity at the onset. Officers gave verbal commands to “sit on the floor, shut
up, uh, take out our IDs.”

A video clip was located on “YouTube” which documented a very short time just after Mr.
Jordan Jefferson was tased. The video portion of the recording did not capture any vulgarity
by the officers. Profanity could be heard in the video, but appeared to be from the crowd,
close to the camera, as it was quiet in comparison to other noise.

Based on the conflicting accounts by students, and police officers denying the use of
profanity, it is difficult to sustain any allegation of verbal abuse. The allegations are not
specifically addressed within our general Orders or Rules, however, if a Rule was to be
applied, Rule 15, article 2 would best fit:

All employees of this Department shall answer questions from


citizens in a courteous manner and if unable to supply an answer,
shall make every effort to obtain the answer for the citizen,
avoiding argument and unnecessary conversation. If requested, a
member of the Department shall give his or her name and badge
number in a courteous manner to any person who so requests.

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NATURE OF COMPLAINT: Excessive Force

Police Officers were accused of Excessive Force during the arrest of Mr. Jordan Jefferson.
Based on witness accounts, he was actively resisting and fighting the officers. New Haven
Police Officers are exonerated of the allegations of Excessive Force. The alleged act did
occur, but the officers engaged in no misconduct because the act was lawful, justified,
and proper.

NATURE OF COMPLAINT: Unlawful Detention

Police Officers needed a substantial amount of time to verify ages of patrons in the two
clubs. Patrons numbered in excess of 450. The head count was ordered by Chief Limon.
Liquor Control Agents also needed to inspect various aspects of the bar operations. The New
Haven Fire Marshall needed to verify various elements of fire suppression and capacities.
New Haven Police Officers accused of Detention are exonerated. The alleged act did
occur, but the officers engaged in no misconduct because the act was lawful, justified,
and proper.

NATURE OF COMPLAINT: Other

At the time of the compliance check, October 2, 2010, New Haven Police did not have a
policy which addresses the use of cell phones and/or video recording devices by the public
during an investigation. Police officers said they limited the cell phone usage as a safety
issue. Both Chief Limon and Assistant Chief Melendez gave orders to officers to have
patrons to remain off cell phones. Based on this, the allegations of Other (cell phone
denial) is a training failure. The officer received inappropriate or no training in how to
perform the act properly.

This incident has led to the development of training in cooperation with the State’s
Attorney’s Office regarding public cell phone use during a police investigation. It has
also led to the creation of a “Video Recording of Police Activity by the Public” Policy
which is currently under legal review. Several lines of communication were established
between the New Haven Police Department and Yale University students, including
informational gatherings in an informal setting (pizza gatherings). Lieutenant
Sweeney, Downtown District Manager, has been actively involved in building a positive
relationship between Yale University and the New Haven Police Department.

Civilian Complaint Closure Categories

Not Sustained: The evidence fails to prove or disprove the alleged acts occurred.

Exonerated: The alleged act did occur, but the officer engaged in no misconduct because the
act was lawful, justified, and proper.

Training Failure: The officer receives inappropriate or no training in how to perform the act
properly.

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